Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

The judge issued orders on August 11. We got them on Sept6.

Customer Question
For Law EducatorThe judge issued...
For Law EducatorThe judge issued orders on August 11. We got them on Sept6. She ordered that I have to provide a CMA and immediately list the property at that, because my ex's apprasail is 600,000.00 less than my asking price.
I obtained a CMA in April which priced the house at 1.25-1.35. I listed it at 1.38 and reduced it to 1.35. What can she legally do with this? My ex is going to argue the price is too high the realtor is selected bad properties and she didn't visit the house so she is wrong.I
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 15 hours by:
9/18/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,563
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Family Law Question
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

You and I have discussed this before and you feel you should not have to get a new appraisal, but since the judge evidently is believing your ex-husband, I am saying that the only recourse here left to fight what your ex is claiming is to now get a different real estate appraiser to come and give you a brand new appraisal on the property. Whether you like it or not, since the judge is leaning this way, you have to present the evidence to the court that your listing is right.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
The judge did not order a new apprasail and fair market value is not appraised value .
Customer reply replied 1 year ago
The judge ordered a CMA
Customer reply replied 1 year ago
Specifically - is there anything inappropriate on that page?
Customer reply replied 1 year ago
This page
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

I understand but that, but she is opening the door for your ex to continue with his argument you have overpriced the house. So being prepared here you would have to have the brand new appraisal in your pocket. If you want to nail him here and you want to surprise him (you keep wanting to have something in your pocket to surprise him with) then have the brand new appraisal from a new licensed appraiser and when he raises his argument that your price is too high, you can pull out the new appraisal showing that he is wrong as rebuttal evidence, meaning you do not have to disclose it to him before court, and thus you will make him look like the idiot is.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
An appraisal is NOT fair market value. A CMA is.
Customer reply replied 1 year ago
In other words a CMA is more than an appraisal Apprasail were designed to protect the banks interest and can be substantially lower than actual market value particularly in the car of a boutique or specialty property where the market is much smaller. And the decree gives me the right to select the fair market value.
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

I understand that, but again, you keep arguing with me and you keep ending up in battles with your ex over this. So I am not saying you need to release the certified appraisal, but you need to have it together with the CMA, because that would counter all of his arguments you anticipate him raising.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
The CMA won't match the appraisal it will be less and that will open the door to further arguement.
Customer reply replied 1 year ago
The question is since I have provided a CMA that I got prior to the courts order - is there any way the judge can rule that I am not wanting to sell the house (the CMA approximates my listing price prior to this order.)
Customer reply replied 1 year ago
Then the next question is if she can't find that I don't want to sell the house but still thinks the price is questionable what can she do that won't violate the decree?
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

Thank you for your reply.

I disagree, but a certified appraiser can do a comparison and can solidify your claims that you are selling for proper value.

You say the price is right, he says it is too high, the only way to settle it is the CMA AND AN APPRAISAL. It will not cause more arguments, it would prove that you are within market pricing.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I am missing you logic. An appraisal does not prove market pricing. It proves financable pricing. Why would I want to do that when it will be at a minimum 10% below market value?
Customer reply replied 1 year ago
Plus you didn't answer my question regarding the decree
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

Thank you for your reply.

I disagree with you and have disagreed with you on this from the start. First off, not many buyers will pay above appraised value for a property unless there is a bidding war. I do not see buyers lined up for fighting over your property. So you are looking at this the wrong way and I know you are doing so to try to get the maximum for your property, but legally the court is not going to agree with you in most cases. So if you get another CMA and I was opposing counsel and I want to fight you, I would start pulling out CMA from other agents and appraisals as well, to show that whoever you are using for your CMA is way too high, which is what your ex is likely to be preparing.

There is nothing wrong in your conclusions.

I just think your fixation on only a CMA without support from an appraisal, even though the appraisals are know to be a bit less, it still supports your argument your CMA is valid.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
The judge did not order him to get a CMA she ordered me to get one at his expense. I already had one and that is what I am turning in. Via the decree where does he have the right to challenge a professional opinion ?
Customer reply replied 1 year ago
I am given the right to determine the sale price?
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

I know that the judge did not order him to do one, but he is going to have to have some evidence and yes he has a right to challenge your CMA with his own.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
How? He does not have any rights to price or market the property. There for his CMA is meaningless. What legal right does the judge have to interfere with the decree stipulation or rule that I don't want to sell if I provide a professional opinion?
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

Remember back awhile ago, where I said that while the decree gives you the authority, if he can prove you are intentionally setting the price to high to avoid selling and avoid having to buy him out, then the judge could modify that order. That is the right the judge has, the judge has a right to modify that decree if they find you are not abiding by it in good faith. So I am just telling you what you need to do to prove you are in good faith, because if I were representing your ex, that is how I would be attacking your good faith arguing that your CMA is not realistic and providing my own to prove it.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 127,563
127,563 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a consent order which required that the marital home
I have a consent order which required that the marital home be listed for sale in 2016. To now comply, can I have a realtor price the house at the 2016 rate or am I required to price it at the current… read more
Ray
Ray
Lawyer
Doctoral Degree
46,968 satisfied customers
Family Lawyer The judge issued and order which reverses her
For Family Answer Family LawyerThe judge issued and order which reverses her two prior orders with out new evidence being provided. In addition she is potentially treading on rewriting the divorce dec… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,411 satisfied customers
A judge just issued an order which is counter to two other
A judge just issued an order which is counter to two other of her rulings. Initially she ruled that a clause in my decree which requires me to list the marital homested for sale at market value was no… read more
Ray
Ray
Lawyer
Doctoral Degree
46,968 satisfied customers
I suggested my attorney put the following remark in the
For Law EducatorI suggested my attorney put the following remark in the house compel objection. He refused - why? My ex had the house appraised at 805,000.00 and Is compelling this as the appropriate … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
127,563 satisfied customers
I have outline a situation I would like to get answers for.
I have outline a situation I would like to get answers for. … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I have recently had a divorce. Our court order says my ex
I have recently had a divorce. Our court order says my ex wife and I have to sell the house and mutually agree on a sale price, and the consent of the sale price cannot be unreasonably withheld. The h… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My ex and I co own an equine home with a 10000 sqft arena on
My ex and I co own an equine home with a 10000 sqft arena on it. It has been on the market 2 years. It was priced via suggestion of realtors. My ex claims I am in contempt of court because it was pric… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How do I make sure my attorney doesn't screw me over
How do I make sure my attorney doesn't screw me over like the last one did? She took my money put up unmet able conditions and backed out of being in court with me today. My ex got a new hearing date … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
127,563 satisfied customers
Lucy I have attached my objection to s motion to compel. The
Lucy I have attached my objection to his motion to compel. The judge just came back with a ruling of 'we will discuss this at the hearing' what do I need to do? Am I in trouble for something?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The ex-wife has negatively impacted s credit, terribly, and
The ex-wife has negatively impacted his credit, terribly, and the home was immediately deeded over at the time of the divorce. he refinanced one the properties he kept as per the agreement within mont… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
My divorce is final, and I have agreed to take on the
Hello My divorce is final, and I have agreed to take on the Mortgage until we agree upon a mutual realtor and sell the home. The home has one mortgage at $128K balance. It's last appraisal was $140K i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Are there any realtors in Just Answer, lol? If not, just let
Are there any realtors in Just Answer, lol? If not, just let me know. Need some answers about how you come about setting a price for your property, aka farmland with nice house, etc. Lots of arguing g… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
hello, i have a question in regards XXXXX XXXXX child custody court
hello, i have a question in regards XXXXX XXXXX child custody court order ... it states..."each parent shall be entitled to four (4) weeks, no more than two (2) weeks of which would be consecutive, of… read more
LegalGems
LegalGems
Juris Doctorate
13,340 satisfied customers
on 04/09/2014 i had court. I did not attend but contacted the
on 04/09/2014 i had court. I did not attend but contacted the court the same day to contact me. after court the plaintiffs attorney filled out a findings and order after hearing (fl340), on line 1. it… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Post divorce one ex-spouse occupies the marital home which
Post divorce one ex-spouse occupies the marital home which is to be sold per divorce decree. She gets a contract on said home but refuses to share it with her ex-husband who shares ownership. Can she … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My separation agreement addresses real estate. It states both
My separation agreement addresses real estate. It states both parties have agreed to sell the marital home. It states "The marital home is presently on the market". From there it goes on to state all … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
The former marital home in Virginia is on the market for sale
The former marital home in Virginia is on the market for sale but I am having difficulty getting the former spouse to agree to a price reduction of 3%. The former spouse resides in the property, contr… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
marital home was placed on market, priced too high, ex-spouse
marital home was placed on market, priced too high, ex-spouse refused to list per realtor's suggested price, went to court, judge ordered home to sell at suggested price of realtor, ex-spouse will not… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x