The official appraisel will determine how much you will split. If it appraise for $300 she get $15 if it appraise for $300,000 she get $150,000.
You will need to agree on a value. If you were to go to court, the court would hear evidence regarding the differing values of the home and make a decision.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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My wife has decided to move out of our home and is going to let me keep it. I am prepared to give her a settlement of half the equity in our home. The home was appraised at $300,000 and I owe $140,000 on my mortgage. However, comparable sales for that model home in my neighborhood are selling for $250,000. Am I responsible to pay the difference between $300,000 and $140,000 = 1/2 of $160,000 ($80,000).
Or the difference between $250,000 and $140,000 = 1/2 of $110,000 ($55,000). Lets say my home is worth $2,000,000 for the sake of discussion, if we were both leaving the home it could still only be sold for $250,000.