date of valuation dispute

[Littlelola]

What is the name of your state?CA

I deperatley need some help, we were separated in May 2001 and I got a default judgement for divorce in Dec 2002. That judgment has been set aside citing "mistakes" on his attorney's part but the divorce remains finalized. I say the value of the house is time of separation or at least Dec. 2002, he says it's the current value. What will a judge think?

This is obviously $100K or more now he wants for the house that he has not lived in or contributed to in 4 years. My attorney is advising me to get a current estimate on the house which makes me think he's not fighting the fight for me!

Help!

[LdiJ]

Originally Posted by Littlelola

What is the name of your state?CA

I deperatley need some help, we were separated in May 2001 and I got a default judgement for divorce in Dec 2002. That judgment has been set aside citing "mistakes" on his attorney's part but the divorce remains finalized. I say the value of the house is time of separation or at least Dec. 2002, he says it's the current value. What will a judge think?

This is obviously $100K or more now he wants for the house that he has not lived in or contributed to in 4 years. My attorney is advising me to get a current estimate on the house which makes me think he's not fighting the fight for me!

Help!

That doesn't necessarily mean that your attorney isn't wanting "fight the fight for you". Its wise to have a current appraisal "just in case". If you can also provide documentation as to the home's value at December, 2002, plus records of what you have paid in equity since then, as well as any major repairs/improvements that would also be wise. The more ammo you give your attorney the more the attorney has to work with.

[Littlelola]

I keep seeing refence to the date of valuation being the time of trial. wasn't the default judgement the time of trail?

[LdiJ]

Originally Posted by Littlelola

I keep seeing refence to the date of valuation being the time of trial. wasn't the default judgement the time of trail?

Again, you need to be communicating with your attorney and providing your attorney with all the necessary information. If you aren't do that..then you aren't giving your attorney the info he/she needs. If you are doing that, and the attorney is disregarding it, then you need to be consulting with other attorneys.

[Littlelola]

I am communicating with my attorney but as someone who has been going through this process for 4 years now I don't see the harm in seeking a second opinion. I thought that was what this forum was for. Do you have any actual legal advice for me?