Yorkshire based independent residential & commercial chartered surveyors.

Independent House Valuations Reports for Divorce & Separation, Who Gets the House in a Divorce?

With divorce and separation statistics at an all time high, the need for property surveyors in matrimonial disputes is greater than ever.

It goes without saying that the property owned by one or both of the parties in a separation may be of significant value. This can be the cause of great dispute between the parties involved in the separation or divorce.

The Legislation For Divorce

The main legislation for divorce, separation and nullity of marriage can be found in the Matrimonial Causes Act of 1973. This act has since been adapted to help the court ensure that both parties can make a clean break after the separation.

A House of Lords case in 2000 gave a very significant ruling on the division of property. For this division to happen, a professional valuation by a Chartered Surveyor is essential.

The Role Of Surveyors In Matrimonial Disputes

Regardless of whether there is dispute between the parties, it is necessary for the property to be professionally valued before it is divided up.

Usually, a chartered surveyor will be appointed by both parties; however, if they cannot agree on one, then a surveyor will be appointed by a court.

The surveyor may be required to produce an independent valuation report for the court. This may be in respect of the matrimonial house and/or other shared property. The court will use the surveyor’s valuation to achieve a fair division of assets in the matrimonial dispute.

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