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property valuation

  • sunday lunch
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15 Sep 12 #355991 by sunday lunch
Topic started by sunday lunch
How can I negotiate with ex the value of a property abroad, Master wants us to agree on value, I am concerned that my ex will defiantly devalue the property.

I brought a real time price but he will provide a ridiculous counter price.

what should I do?

Thank you

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15 Sep 12 #355997 by LittleMrMike
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I suppose the first question you should ask is why the valuation is needed.

With any property in divorce there are usually three options.

Wife gets it ;
Husband gets it ; or
Property is sold and proceeds divided.

When the property is going to be sold, a valuation is usually carried out to give a guestimate as to what the property will fetch. But it does sometimes happen that when the property is put up for sale it doesn''t fetch the price that was anticipated and then it is necessary to apply to the Court for Directions.

But if property is to be transferred to one or other of the parties outright or if there is to be a buy out then it is usual for an independent valuer to be appointed as a referee, if you like, and in such cases the instructions to the valuer need to make this clear.

LMM

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15 Sep 12 #356113 by sunday lunch
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The properties are in a different jurisdiction and only FMH available in this jurisdiction so the only thing court could play with is the FMH.

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15 Sep 12 #356116 by soulruler
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You mention master, is that a master in UK and if so what is the Masters jurisdiction, is it a family master, a chancery master or a queens bench master?

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15 Sep 12 #356123 by dukey
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Queens bench is just a name of one of the high courts, it has nothing to do with family proceedings and follows civil rules, there are few exceptions.

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15 Sep 12 #356125 by soulruler
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All I am attempting to establish is the jurisdiction of a master only becuase the original poster mentions a master - it is unusual as mostly family decisions are decided by a solicitor, a district judge, or on appeal a circuit judge or maybe a High Court Judge - at the most a High Court RCJ Judge or a Lord or Lady of the Family Division.

When the word Master is involved it does suggest that other factors are involved, either in appeal at the level ofRCJ in FAmily or adjudication in Chancery or Judicial Independence at Queens Bench.

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15 Sep 12 #356127 by dukey
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Sunday lunch has used wiki for a while and I would guess the lady may not be English or maybe it''s not her first language, if not I apologise, just trying to give a distinction.

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