top of page

Valuing a Marital Home and Other Assets



As soon as practicable after a matrimonial action has been commenced, the court shall set the date or dates the parties shall use for the valuation of each asset. DRL §236(B)(4)(b). The valuation date or dates may be anytime from the date of the commencement of the action to the date of the trial. Lipsky v. Lipsky, 276 A.D.2d 753 (2000); Iwanow v. Iwanow, 39 A.D.3d 471, 473 (2nd Dep’t 2007). A trial court has broad discretion in selecting the dates for the valuation of marital assets and can fix different valuation dates for different assets, depending on the facts of the case. Id. This must be determined on a case-by-case basis.


In valuing real property, the Courts generally value such assets as of the date of the trial, so as to account for appreciation or depreciation in the value of the asset between the date of the commencement of the action and the date of trial. Collins v. Donnelly-Collins, 19 A.D.3d 356 (2nd Dep’t 2005).

9 views0 comments

Recent Posts

See All

Comments


bottom of page