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Signed off on house.. Incomplete appraisal produced

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AuburnAngl

Guest
What is the name of your state? Ohio

Divorce final in January 2003. I signed off on marital residence prior to final divorce hearing. I was shown an appraisal that stated "house AND property" valued at $165K. Ex put house up for sale for $220K. He informed me that he appraised the woods seperately for an ADDITIONAL $75K at a later date (not sure of when that appraisal was done).

Is it possible that the judge would order him to pay 50% of the $75K?
 


nextwife

Senior Member
Did your original appraisal include the entire property in the legal description- was the appraisal covering what was agreed to be covered in your court agreement? Did you obtain your own apparisal to compare?

When you say he subdivided the property at a later date, how much later? Once you signed off the property, he did have a right to pursue any action that increased it's value. Subdividing is one way to do that.
 
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AuburnAngl

Guest
The appraisal that was given to me stated "House and Property".. My atty has contacted the appraiser to get the exact description as I do not have a copy of it (my mistake, I know).

Our divorce decree was not written up properly (as far as anything goes, but especially property). It does not have the details written up as it should, but at the time I did trust my atty at the time (I hired a new one).

I did not hire my own appraiser. Again, I should have known better at the time. Hidesight is, of course, 20/20.

Well.. here's the way things happened as far as him subdividing. My ex stated that he was selling the property within 6 months for the $220K. I did ask my atty (at the time) if we could investigate why the amounts of the appraisal that I had seen and the selling price were so different. He said that it doesn't matter how much he listed the house for, it didn't mean that he would get it. My ex did tell me that he had the 10 acres of woods appraised separately for $75K. My prior atty still told me that it wasn't worth the time to go for the additional, so we didn't. I realized all of this RIGHT after the divorce was finalized. The last hearing was November 2002, but all the signatures (judge & attys) didn't get signed until January 2003.

I filed the motion in May 2003 for this (in addition to other issues). Our first hearing was continued until Nov 5th. This will be the first time that it will be heard in front of the judge. The property was sold September 2003.

I appreciate any comments that anyone has in regards to all of this.

Thanks.
 
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AuburnAngl

Guest
does anyone have a clue on how this all might play out in court?
 
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AuburnAngl

Guest
ok.. one last time.. PLEASE.. does anyone have any idea of how this will be viewed in court???
 

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