Client wins $80,000 in passive appreciation in the marital home
In a recent decision, our Family Law practice succeeded in convincing a trial judge to award to their client passive appreciation in the marital home between the agreed-upon date the marriage ended and the trial date 20-months later. As the trial court noted, it would be inequitable for the other spouse, who was keeping the home, to get the benefit of the home’s appreciation in value then versus now, which was $80,000 due solely to market forces. In this unprecedented real estate market, it’s important to think through all the “that was then and this is now” valuation and other issues.