Working with couples who want to keep things civil and get an amicable divorce?
Here’s how to make sure the home appraisal supports your collaborative approach instead of creating unnecessary drama.
When you’re helping couples navigate an amicable divorce, the last thing you need is a property valuation that sparks conflict.
I’ve seen too many collaborative cases get derailed because someone hired the wrong appraiser, or didn’t understand what makes a divorce appraisal different from a mortgage appraisal.
The good news? With the right approach, the appraisal process can actually support your collaborative goals.
This post is all about what the amicable divorce attorney needs to know about house appraisals.
1. Not All Appraisals Are Created Equal
Here’s something that might surprise you: That appraisal your clients got when they bought the house? It’s not suitable for amicable divorce proceedings.
Most purchase and refinance appraisals are completed on Fannie Mae forms designed for lending, not equitable distribution.
These reports are built for speed and loan approval, not for explaining valuation decisions to attorneys and judges.
For divorce cases, you’ll want a USPAP-compliant report that includes detailed explanations of how the appraiser arrived at their conclusions.
This is your insurance policy if the valuation gets challenged later.
2. How to Choose an Appraiser for Amicable Divorce
Start with these essential questions:
Are you certified in this state?
This should be obvious, but you’d be surprised how often it gets overlooked.
Have you worked on family law cases before?
Collaborative divorce appraisals require different considerations than mortgage work.
You want someone who understands the legal context and won’t be rattled if they need to explain their work later.
It’s also important to work with an appraiser who understands the emotional impact you are navigating, so they can make the appraisal experience as stress-free as possible.
Can you provide a sample appraisal report?
Look for clear explanations and logical reasoning for the opinion of value for your unique property.
Beware of checkboxes and templated language that could be used in any report.
The appraisal report should answer all of your questions clearly and accurately.
You should be able to understand exactly how the appraiser reached their opinion of value. And it should make sense to anyone reading the report.
What’s your turnaround time?
“I’ll get to it when I can” is not an acceptable response. Plus, it doesn’t work when you have court deadlines.
Red flags to avoid:
- Real Estate Appraisers who promise a specific value before seeing the property
- Those who can’t explain their methodology beyond “market knowledge”
- Anyone who uses a Fannie Mae form for your divorce case
3. The Effective Date Decision
This is huge, and it’s often overlooked until it’s too late.
The effective date is when the appraiser determines the property’s value.
Your options typically include:
- Current date (day of inspection)
- Date of separation
- Date of divorce filing
- Date of marriage (if you need to show appreciation over time)
In markets where values are changing rapidly, this decision can mean thousands of dollars in difference.
Always discuss this with your clients before ordering the appraisal.
4. What Your Clients Should Expect
The typical inspection process:
- Takes about 60 minutes for most homes
- Appraiser will photograph all rooms and improvements
- They’ll measure the house and any outbuildings
- Recent updates or deferred maintenance should be documented
Information that helps:
- List of improvements and renovations with approximate dates
- Any architect drawings for custom homes
- Access arrangements if one spouse has moved out
What doesn’t matter:
- Whether the dishes are done
- If the beds are made
- Kids’ toys scattered around
We’re looking at the property’s condition and quality, not housekeeping.
5. When One Appraisal Isn’t Enough for Amicable Divorce
In collaborative divorce, most couples prefer to use one real estate appraiser to keep costs down, and that usually works fine.
Consider getting a second opinion when:
- The property is unusual or custom-built
- There’s disagreement about the condition or recent improvements
- The home has unique features that are challenging to value
- The initial appraisal seems inconsistent with your clients’ expectations
6. Setting the Right Expectations for the Amicable Divorce Appraisal
Here’s something important to explain to your clients: the appraiser must remain unbiased, regardless of who’s paying the fee.
Even if one spouse hires the appraiser, we can’t “lean their way” when determining value.
Real estate appraisers are bound by professional standards that require independence and objectivity.
This actually works in favor of amicable divorce because both parties can have confidence in the result.
7. Cost and Timeline Considerations
Fees should typically vary depending on the location and complexity of the property.
Beware of the low fee appraisers…. Low fees usually equals less time spent on the research required to provide supported results.
Instead of focusing on fees, it’s better to focus on the appraiser’s reviews.
The fee typically includes the inspection and report only. Court testimony or depositions are usually negotiated separately if needed.
Plan for 3-7 business days from inspection to completed report, though this can vary based on the appraiser’s workload and the complexity of the property.
RELATED ARTICLE: 3 Reasons Why Realtors Recommend Us for Divorce Appraisal
8. Why Timing Matters
I always recommend ordering the appraisal sooner rather than later, especially if you’re using an earlier effective date like the filing date.
The longer you wait, the more challenging it becomes to research comparable sales from that time period, which could result in higher fees or less reliable results.
Most divorce attorneys order the appraisal within 3-6 months of filing, but every situation is different.
9. Making the Amicable Divorce Appraisal Work for Everyone
The goal in amicable divorce isn’t to “win” the appraisal – it’s to get an accurate, defensible valuation that both parties can accept with confidence.
When you choose the right appraiser and set proper expectations, the appraisal process supports your collaborative approach instead of creating conflict.
Here’s What to Do Next
Ready to ensure your next divorce case has solid appraisal support? Download The Ultimate Guide to Navigating Divorce Appraisals to empower your clients with the knowledge needed to move on as peacefully as possible.
Every divorce is challenging enough without worrying about property valuation complications. Let’s make sure this part goes smoothly.
Have questions about a specific case? Feel free to reach out. I’m always happy to discuss how we can support your collaborative divorce practice.
This post is all about what the amicable divorce attorney needs to know about house appraisals.
