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Publication Year

2007

Abstract

This Comment explains the importance of valuing the family home in marital dissolution, introduces the feminist legal theory lens, and provides a statutory framework regarding the current use of experts in family home valuation. This Comment also discusses why the courts should limit expert testimony on the fair market value of the family home when the wife is trying to keep it to licensed California appraisers. A comparative analysis of the competency and conflicts of appraisers and real estate salespersons will support this conclusion. Lastly, this Comment identifies how potential overvaluation of the family home can negatively impact the wife's share of the marital property, and reveals how women trying to remain in the family home may be routinely disadvantaged by this practice.

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