Valuation in Partition Suits

When family property has to be divided by a court, everything turns on the valuation. Here is how that part works.

What a partition suit is

When co owners cannot agree on how to divide property, one of them can ask a court to do it. Most commonly this is brothers and sisters who inherited a house together and cannot agree on selling it, keeping it or buying each other out.

Where the valuation fits

The court has to know what the property is worth before it can divide it or order a buyout. So a valuation is not a side document here, it is the foundation of the outcome.

That also means it will be attacked. If one party dislikes the number, their lawyer's first move is to try to discredit the report.

What makes a report survive that

• Every figure traces to a source, not to opinion
• Every adjustment is stated with the reason
• Measurements are recorded on site, with photographs
• Tenants, access problems and unapproved construction are recorded honestly rather than glossed over
• The valuer is willing to attend and explain it

Joint appointment is usually the better route

If all parties agree on one valuer, the bias argument disappears before it starts. It is faster, it costs everyone less than two competing reports, and it very often leads to a settlement without a full hearing.

We are appointed jointly regularly, and equally often by a court directly.

Valuation date

Courts frequently want the value as on a specific past date rather than today. Get this confirmed before the work starts, because it changes the evidence used entirely. If there is no order yet, say so and we will tell you what we need.

Access when someone refuses

It happens. A party in possession will not let the valuer in. The usual answer is an order permitting inspection, which your lawyer applies for. We can tell them exactly what access we need so the application is specific.