In a divorce, one of the practical questions is how much the assets to be divided are worth. This article explains, in general terms, what marital assets are, how a property is appraised and what a property appraiser contributes. It is not legal advice: what each person is entitled to is defined with your attorney and, if there is no agreement, by the court.
What Are Marital Assets (Gananciales)?
In general terms, they are the assets either spouse acquires during the marriage. The Family Code sets out exceptions, such as property received by inheritance or gift, or property owned before the marriage. Which assets are marital in your case is a question for your attorney.
Properties that often need an appraisal include:
- The family home
- Lots or land
- Investment properties
- Commercial premises or warehouses
Why Does the Value Matter?
When the marriage ends, the Family Code gives each spouse a share in the net value of the marital assets. To calculate the net value of a home, the starting point is generally its market value, taking into account the debts on it, such as a mortgage. Your attorney will explain how the calculation works in your case.
If both parties agree on the value, that may be enough. If not, a technical appraisal offers an objective reference for negotiation or for the court process.
Who Can Request the Appraisal?
- Both parties, by mutual agreement. They jointly hire an independent property appraiser. This is usually the simplest route.
- One of the parties. They commission their own appraisal as a reference and, if their attorney decides so, submit it as evidence.
- The court. If there is no agreement on value, the judge may order an expert report.
How a Property Is Appraised in a Divorce
The appraiser visits the property and analyzes, among other points:
- The condition of the property: structure, finishes, maintenance and improvements.
- The market: prices of similar properties in the same area.
- Registry data: information from the National Registry, the survey plan, liens and annotations.
- The location: access, services and surroundings.
The result is a technical report with the market value as of the appraisal date, digitally signed by a CFIA member.
If improvements were made during the marriage to property owned separately by one spouse, the appraisal can estimate the value of those improvements on their own. Whether that affects the liquidation is for your attorney to determine.
The Appraiser’s Impartiality
In a divorce, each party often sees the value differently. The appraiser must work objectively, using recognized methods and without favoring anyone, even when hired by only one of the parties. A clear report, with its sources and method in plain view, makes the conversation between the parties and their attorneys easier.
If There Is Disagreement with an Appraisal
Each party may have its own appraisal, and the court may order an expert report. The process usually allows the parties to ask the expert for clarifications. The report is a technical input: the judge weighs it together with the other evidence and decides. Your attorney will tell you how and when to raise objections.
How Liquidation Usually Proceeds
In general terms:
- Inventory. The parties, with their attorneys, identify the assets that may be marital.
- Value. The parties try to agree on the value. If they cannot, appraisals are used and, if needed, an expert report ordered by the court.
- Division. It is decided how the value is distributed. A home, for example, may go to one spouse with compensation to the other, or be sold with the proceeds divided as appropriate.
Since October 2024, family cases are handled under the Family Procedure Code. Cases filed earlier may follow other rules; your attorney will tell you which ones apply.
When to Request the Appraisal
Prices change over time. The date the value should refer to is something to settle with your attorney before requesting the appraisal. Requesting it early helps negotiations move forward with real data.
Fees and Timelines
An appraisal costs from approx. ₡150,000 (USD 300); the final amount is set in the quote, based on the type of property, its size and its location. We send the quote in less than 24 hours and deliver the report in 3 to 7 business days. Urgent cases can be delivered in 48 to 72 hours, with a surcharge.
FAQ
Can I refuse to have my home valued in a divorce? That is a legal question and depends on your case. In general, when there is no agreement on the value of a marital asset, the court may order an expert report. Ask your attorney.
Are assets owned before the marriage also valued? In general they are not considered marital property. If improvements were made to separate property with joint funds during the marriage, ask your attorney whether that creates any right. The appraisal can estimate the value of those improvements on their own.
Can the appraiser be a friend of one of the parties? The appraiser must act impartially. If there is a relationship with either party, it is best to disclose it from the start. Your attorney will tell you how to raise it with the court.
How long does the liquidation process take? It depends on the case, on whether there is agreement and on the court. Your attorney can give you a more precise idea. Delivery of the appraisal, on the other hand, takes 3 to 7 business days.
About Díaz Peritajes
Díaz Peritajes is a firm with several property appraisers, founded by Ing. José Alberto Díaz V., a CFIA member since 1982. We cover all seven provinces from our bases in Pérez Zeledón and Curridabat. If you need to know the value of a property in a divorce, contact us or message us on WhatsApp at +506 7272-7270 for a confidential consultation. You can also see our judicial appraisals and real estate appraisals services.
This article is for information only and does not replace the advice of an attorney. Each case depends on its circumstances.