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Holland & Usry, P.A.

What You Need to Know About How the Family Court Determines the Value of Marital Property in Equitable Distribution

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South Carolina law provides that in determining the value of the marital property prior to apportionment, the court, among other things, shall make findings of fact from credible evidence of the values of property and services, if any; and has the authority to appoint experts as necessary for the purposes of determining evaluations.

The court may accept a value which has been stipulated between the parties. Often times, however, the parties cannot agree on the value of marital properties. In these cases, the court may accept a spouse's testimony as to values, but it may be prudent to hire an expert who can help shed light on the properties’ value. For example, we see this commonly with appraisals of real property when folks can’t agree on a value. The real estate appraiser can be called to testify in court and can offer evidence why the court should accept the value expressed by the appraisal.

Why You Need a Lawyer on Your Side

At the end of the day, which values the court assign to certain assets of the marriage may have a significant impact on the outcome of your case. It is important to have a lawyer on your side who knows how to advocate for you and properly present evidence to the court to help persuade it as to the values of certain marital property in a way that is favorable to you.

As often the case, the stakes can be high, and you do not have to go through this process alone. If you are going through a divorce or would like to discuss evaluations of marital property with a divorce lawyer, please do not hesitate to call toll-free at 888-230-1841 to set up a consultation.

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