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: 9 months 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 9 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,201
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 9 months 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 9 months ago
The judge did not order a new apprasail and fair market value is not appraised value .
Customer reply replied 9 months ago
The judge ordered a CMA
Customer reply replied 9 months ago
Specifically - is there anything inappropriate on that page?
Customer reply replied 9 months ago
This page
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months 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 9 months ago
An appraisal is NOT fair market value. A CMA is.
Customer reply replied 9 months 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 9 months 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 9 months ago
The CMA won't match the appraisal it will be less and that will open the door to further arguement.
Customer reply replied 9 months 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 9 months 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 9 months 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 9 months 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 9 months ago
Plus you didn't answer my question regarding the decree
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months 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 9 months 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 9 months ago
I am given the right to determine the sale price?
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months 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 9 months 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 9 months 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: 125,201
125,201 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

11,875 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 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.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My situation is complicated. I'm in the middle of a divorce.
My situation is complicated. I'm in the middle of a divorce. I have property that was my mom and dads (both deceased) After my moms death, my husband talked me into letting my dad(who had dementia and… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
I got a divorce case in progress and have one child born of
I got a divorce case in progress and have one child born of the marriage...however the man I married 9 years ago has been raising my other two kids with me since 2008. My spouse became emotionally and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
448 satisfied customers
I know a man who is 52 years old and is developmentally
second opinion] I know a man who is 52 years old and is developmentally delayed. He has held a full time job for most of his life but because of a childhood illness that has rendered him illiterate, h… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,411 satisfied customers
My son want to sue the maternal grandmother for violating
my son want to sue the maternal grandmother for violating his rights to see his son … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
Im the grandmother of my daughter baby girl. My daughter is
Im the grandmother of my daughter baby girl. My daughter is out on drugs and I have a power attorney paper for my granddaughter but I want to make it to where I'm the full time guardian. My granddaugh… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
We're sorting through some details and have delayed the
Hello, we're sorting through some details and have delayed the divorce for a couple years. How can I file a 'bifurcated divorce' immediately? Our divorce is uncontested, so I'm hoping you can help me … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,201 satisfied customers
I have a case regarding livein partner who is passed away
I have a case regarding livein partner who is passed away one year ago , the ex wife nodivorced filed but now the ex wife put me in small claim court to get stuffs and belongings from his ex husband t… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
448 satisfied customers
I was divorced on March 13, 2018 and was awarded the house.
Hi I was divorced on March 13, 2018 and was awarded the house. I'm female. I did allow my ex-husband to use the garage because I don't use it much and he lives in an apartment. My adult children who l… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Ex has been refusing my court ordered visitation. I filed an
Ex has been refusing my court ordered visitation. I filed an ex parte and was denied in court but my boys are now acting like they hate me. They've never been this way to me. She got mad that I drank … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I adopted two children I have asked the birth mother to stop
i adopted two children I have asked the birth mother to stop taking pictures of my kids when she see them on the street and posting the pictures on social media sites, what can i do … read more
Sue
Sue
Juris Doctorate
523 satisfied customers
What forms do I need to fill out to prevent my husband from
What forms do I need to fill out to prevent my husband from canceling my health insurance and to ask for retirement benefits while going through a divorce. I live in california. I already petition the… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
134 satisfied customers
I filed for divorce in Texas, my husband and I attempted to
I filed for divorce in Texas, my husband and I attempted to reconcile but it didn't work. Can I take my divorce decree and finalize it with the court? It's past 60 days. It says on the paperwork we bo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
My ex bf who is the father of my daughter texted me if he
second opinion] My ex bf who is the father of my daughter texted me if he can Facetime my daughter. We are unwed, do I need to let him see her? Or do I have a choice? Because he threatened me for cust… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,437 satisfied customers
I have a brother who is incarcerated. s wife filed for
I have a brother who is incarcerated . Hi s wife filed for divorce last SEPT . She now sent him amended divorce papers . She is goig after a property he had long before her 15 yr prior and whatever sh… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
Divorce was final 2017. At rhat time the bottom of my life
Divorce was final 2017. At rhat time the bottom of my life fell. I took care of my dying sister ( cancer), I have a ex husband who is angry because he filed but didn't want to divorce. That is my long… read more
Robert L
Robert L
Juris Doctor
63 satisfied customers
I am getting a divorce and I have two children with my
I am getting a divorce and I have two children with my current husband who is 10 and 13. I want to move out and he states that I can move out, but he is going to make my kids stay at the current home … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,021 satisfied customers
What precautions do I have to take in order to file an
What precautions do I have to take in order to file an affidavit for an order of protection for a domestic that took place back in April 2018… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,021 satisfied customers
I wanted to ask you how to handle a current situation I am
Hi Paul,I wanted to ask you how to handle a current situation I am in.I put the motion on hold that my attorney filed due to he wrote the motion for immediate custody order and to have CPS place her. … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,201 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