Can a defendant in a divorce request more appraisals on property after the divorce trial has started?

After almost 2 years my divorce trial has finally started. Now my ex is using this time to request more appraisals on property that I had assumed had to have been done prior to the trial starting.

Asked on August 30, 2011 South Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the value of a property has fluctuated to such an extent that it would give the court a false idea as to same when trying to equitably distribute the marital property, then the property would need to be appraised again and I think that each of you would want that.  Let's say that your wife/husband received stocks and you received the house.  But the value of the stocks had risen but the value of the house had gone down even below the mortgage (upside down).  How would that be equitable for you?  You would be getting a liability and she/he an actual asset. In this economy it makes sense to value assets as close to trial as possible so that there is a fair representation of value.  Good luck.

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