Can I have an appraisal done without his presence?

My husband is keeping the marital home and intends to buy me out. I moved out of it last June. We are generally amicable and have been working on our agreement together, but we cannot come to terms on the buyout price of the house. I recently forced an appraisal to be done but am very unhappy with the number. I would like to have another appraisal done now, while he is out of town and the house is vacant. Is that legal? We have verbally agreed we’d give each other a heads-up on visits, but I have access to the house (he hasn’t change garage code or locks) and I am still on title, of course. Is it legal for me to go into the house with a professional appraiser?

Also, is there a certain type of appraiser I should seek out, in order to best assure enforcement/acceptance of the appraisal? I read a post earlier about using a “court-approved” appraiser. I am not sure if this applies, nor do I know how to find such an appraiser. Thoughts?

You can have a second appraisal done, but if your husband has possession of the marital home, you will need to give him advance notice and get consent to enter the house while he is gone. It would be a good idea to also let him know you intend on having an appraisal done. If you end up using this appraisal number, you will have to share the report with him and there will be an appraisal date on it, so he will learn of the appraisal regardless.

Any NC licensed appraiser is acceptable. There is no such thing as a court-approved appraiser.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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Thank you for your time and help, Anna.