DIVORCE APPRAISALS
A credible, compliant, and defensible appraisal
used in a divorce case often will contribute to the
resolution of the case, saving the spouses money,
time, and removing at least one major component of
stress from the divorce process: the valuation of the
real estate-related marital assets. This type of work
can be rewarding for appraisers who enjoy possible
challenges by an opposing counsel who may have
retained another expert to identify any shortcomings
in the appraisal.
Most divorce cases do ultimately settle. However,
when a case does not settle, the appraiser may be
called upon to testify. Sometimes the reason for
testimony is to allow the court to decide for itself the
facts of the appraisal based on the statements of
the parties’ appraiser-witnesses. Not all appraisers
feel comfortable testifying, and many will not accept
this type of work if there is a chance they may have
to speak in public or face cross-examination. If an
appraiser lacks testifying experience, even a
compliant, credible appraisal can be challenged by a
skilled attorney deposing or cross-examining a
nervous appraiser. Indeed, the experience can be
very uncomfortable if one is not well prepared.
However, after gaining experience, expert witness
testimony can be a very rewarding component of
divorce appraisal work, both professionally and
intellectually. Provided the appraiser meets his/her
legal responsibility to adhere to the Uniform
Standards of Professional Appraisal Practice in the
development and communication of his/her
opinions, a divorce appraisal assignment is no
����������������������������������������������������������������������������������������������
14 | APPRAISAL BUZZ FALL 2019
Testimony at a deposition allows the opposing
attorney to discover everything he/she needs to
know in preparation for a possible trial, as well as
how the appraiser responds to questions. The
attorney will review the deposition transcript prior to
any trial and develop the line of questioning for the
cross-examination. Testimony in court begins with a
direct examination of the appraiser by the attorney
who hired you. The line of questioning typically
begins with a focus on the appraiser’s background,
professional credentials, and experience, to allow the
������������������������������������������������������������������������������������������������������������������
����������������������������������������������������������������������������������������������
questioning that follows usually is designed to allow
the appraiser to clearly and concisely convey to the
court how the opinion of value was developed and
supported. Typically, there are no surprises during
this line of questioning. Even inexperienced, but
competent appraisers can perform well, as they are
not being challenged.
However, it is usually the cross-examination by the
opposing attorney that can present the greatest
challenge to an inexperienced expert witness. It is
here that prior testifying experience and
communication skills are particularly important, since
the opposing attorney’s goals may be to attempt to
undermine the appraiser’s personal credibility. The
cross-examining attorney may do this by asking
questions before the court in such a way as to elicit
inconsistent or defensive responses, or to spotlight
��������������������������������������������������������������������������������������������������������
credentials, or competency. Doing well during a
cross-examination requires that the appraisal is