How Is Property Valued for Divorce Settlements?
When couples divorce or separate, property is often the most valuable and emotionally charged asset to be divided. As valuers, we are frequently instructed to provide an independent and impartial opinion of value to assist solicitors, mediators, and ultimately the court in reaching a fair financial settlement.
Why Property Valuation Matters in Divorce
In divorce proceedings, the objective is fairness, not punishment or reward. To achieve this, we must first understand what assets exist and what they are worth.
Property valuations provide an objective financial foundation for negotiations, mediation, or ultimately court decisions.
Without an accurate and properly prepared valuation:
- One party may be disadvantaged
- Negotiations can stall
- Legal costs can escalate
- Settlements may later be challenged
For these reasons, mediators, courts and solicitors place significant weight on professionally prepared valuations.
What Does “Value” Mean in a Divorce Context?
In most divorce cases, property is valued at open market value. This is generally defined as:
The estimated amount for which a property should exchange on the valuation date between a willing buyer and a willing seller, in an arm’s-length transaction, after proper marketing.
This definition aligns with internationally recognised valuation standards, including those published by the Royal Institution of Chartered Surveyors (RICS).
The valuation is usually carried out as at a specific date, which may be:
- The current date
- The date of separation
- Another date directed by the court
Who Carries Out the Valuation?
In divorce proceedings, property valuations are typically undertaken by:
- RICS-registered valuers
- Independent surveyors with experience in matrimonial and court work
In some cases, the valuer is appointed as a Single Joint Expert (SJE). This means:
- The valuer acts for both parties jointly
- The duty of the valuer is to the court, not to either spouse
- The valuation must be impartial and defensible
https://www.gov.uk/courts-tribunals/family-court
The Property Valuation Process
1. Instruction and Scope
The valuer receives formal instructions, usually agreed by both parties’ solicitors. These instructions define:
- The property to be valued
- The valuation date
- The purpose of the valuation (divorce / financial remedy)
- Any specific assumptions or disclosures
2. Inspection
A physical inspection of the property is normally required. This allows the valuer to assess:
- Size and layout
- Condition and quality
- Extensions or alterations
- Location and surrounding environment
Desktop or online valuations are rarely appropriate for divorce proceedings, as they may lack the detail and reliability required by the court.
3. Market Analysis
The valuer analyses comparable sales evidence—recent transactions involving similar properties in the same or comparable locations.
Factors considered include:
- Sale prices and timing
- Market conditions
- Property condition relative to comparables
- Supply and demand
This evidence-based approach ensures the valuation reflects real market behaviour.
4. Valuation Methodology
For most residential property, the Comparable Method is used. For more complex assets—such as:
- Buy-to-let portfolios
- Mixed-use properties
- Development land
additional approaches may be required, including investment or residual methods.
The methodology must be clearly explained in the report so that solicitors and judges can understand how the value was reached.
5. Reporting
The final valuation report sets out:
- The property description
- The market evidence relied upon
- The valuation methodology
- The valuer’s opinion of market value
- Any assumptions or limitations
How Other Professionals Use the Valuation
Solicitors – Family solicitors rely on property valuations to advise clients on settlement options, model different asset division scenarios and support negotiations or court submissions.
Mediators
Financial Advisers
Financial planners may use the valuation to:
- Assess affordability of retaining the property
- Model refinancing or buy-out options
- Consider long-term financial planning post-divorce
Get in touch
If you are going through a divorce or advising a client and require an independent, court-compliant property valuation, obtaining professional advice early can save time, cost, and stress.
By ms.admin
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