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Home value after findings and order

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ktsfdave

Junior Member
What is the name of your state (only U.S. law)? California
I received the findings and order of my divorce 75 days ago. In it, the judge placed a value of the house at $310,000. I had it reappraised in order to purchase it and the appraisal came in at $243,000. I told opposing council I would either buy it at $243,000 or we could sell it. Her atty says if we sell it, I still need to pay equity based on the $310,000. The 60 day deadline is now passed for me to purchase it according to the findings. My wife is living in the house and refuses to do anything - including getting a job but that's another story. Should I find an agent and try to sell it? Her atty says wants to take me back to court to get the judge to rule in his favor. She owes me a lot of money but won't pay till the house sells or I buy it. If the house sells, do I have to pay the equity based on the $310,000 or the final selling price?
 


nextwife

Senior Member
If market value would not bear out a sale price of 310k, then there is not that much "equity". What are the credentials of the appraiser that was used? Is he from the market local to the property? I deal with default real estate, and, we refuse to use out of area appraisers due to inaccuracy, and, refuse to use tax assessments for valuation for the same reason- the assessment is often wildly unrepresentative of true market value. How recently was the appraisal obtained and was it a true appraisal, or did they use assessment?
 
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mistoffolees

Senior Member
What is the name of your state (only U.S. law)? California
I received the findings and order of my divorce 75 days ago. In it, the judge placed a value of the house at $310,000. I had it reappraised in order to purchase it and the appraisal came in at $243,000. I told opposing council I would either buy it at $243,000 or we could sell it. Her atty says if we sell it, I still need to pay equity based on the $310,000. The 60 day deadline is now passed for me to purchase it according to the findings. My wife is living in the house and refuses to do anything - including getting a job but that's another story. Should I find an agent and try to sell it? Her atty says wants to take me back to court to get the judge to rule in his favor. She owes me a lot of money but won't pay till the house sells or I buy it. If the house sells, do I have to pay the equity based on the $310,000 or the final selling price?
What is the wording of the judge's order? Does it say you have to pay a certain percentage of the equity or does it say you have to pay a certain number of dollars? EXACTLY what is the wording with respect to the house, as well?
 

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