If our divorce settlement states that ourhome was valued at X dollars 3 years ago, am I allowed to reappraise and use a current value if I’m buying my ex out?

If our divorce settlement states that ourhome was valued at X dollars 3 years ago, am I allowed to reappraise and use a current value if I’m buying my ex out?

Our divorce began about 3 years ago; we have recently closed our case. Court documents state that I can buy my husband out of our fully paid home for half of appraised value, however court documents used a value for the home from 3 years ago. If I have the home appraised again, it will come in much lower than stated amount in documents. Is he required to take half of the new appraised value for purposes of buying him out or can he argue that court documents state a much higher, different value? If I can use lower amt, and he refuses, will we need to go back to court?

Asked on February 27, 2012 under Family Law, California

Answers:

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