After a separation, the family home is often the largest asset to divide. Arguments about what it is worth can stall negotiations and push up legal costs. Australian family law has a standard way of dealing with this: evidence of property value is generally given by a single expert valuer, appointed jointly by both parties.
This article is general information, not legal advice. Process and rules vary by court and circumstance, so speak with a family lawyer about your matter.
Why Courts Prefer One Valuer
If each side commissions a valuer, the court may be handed two different figures and have to decide which to accept. The Federal Circuit and Family Court rules deal with this by calling for a single expert in property value disputes, who is appointed jointly or, if the parties cannot agree, by the court. Valuation firms who act in these matters point out two practical benefits: the cost can be shared, and the court receives one independent opinion rather than competing ones.
A party can still engage their own valuer, but would then usually need the court's permission to rely on that evidence, which is described as likely to be more costly and slower.
How the Valuer Is Appointed
- By agreement. The parties, usually through their lawyers, agree on a valuer. A common method is for one side to nominate three qualified valuers and the other to choose one.
- Through a professional body or the court. If there is no agreement, the court can make an order, sometimes drawing from lists each party provides. Some matters use the Australian Property Institute to suggest valuers.
- By a written letter of instruction. Both parties instruct the valuer together, setting out the property, the purpose of the report and the questions to be answered.
Practice on who pays and how the cost is split varies, so ask your lawyer rather than assuming.
What the Valuer Does
The expert is usually a certified practising valuer registered with the Australian Property Institute. They inspect the property and assess its market value using recognised methods, comparing recent sales of similar properties and analysing any relevant income or yield evidence. The final report includes photographs, a description of the property and the reasoning behind the conclusion, and is provided to both parties at the same time.
Valuation firms stress what the valuer will not rely on: an agent's appraisal, the original purchase price, or the bank valuation from when you bought. These can be out of date or optimistic, and are not independent evidence of current value.
Asking Questions and Disagreeing With the Figure
If you are unhappy with the report, you cannot simply ignore it. The usual path is for questions to be put to the expert in writing, with the other party able to see them, and the valuer given a set time to respond. The party asking generally bears the cost of that extra work. A party who still disagrees can retain a private valuer, sometimes called a shadow expert, to help frame questions, attend a conference or prepare a critique. They can also ask the court for permission to rely on their own valuer's evidence.
What About the Valuation Date?
The date a property is valued as at can matter, especially when a settlement takes months or the market is moving. Sources describing the process generally refer to current market value, but they do not settle which date applies in every case. Ask your lawyer which date the valuation should speak to, and have that stated in the letter of instruction.
How to Help the Process Run Smoothly
- Agree on who will arrange access and be present at the inspection.
- Gather council approvals, plans, renovation invoices and rates notices.
- Disclose known defects, unapproved structures or tenancies honestly. They affect value either way.
- Keep communications with the valuer in writing and copied to both sides.
- Take legal advice on how the figure fits into your overall property settlement.
If you need an independent valuation as part of a separation, contact our team to discuss how it can be arranged, or read about why a registered property valuer matters for serious decisions.
