Valuation Must Be Evidence-Based

Courts must use competent, substantial evidence to determine asset values. In Naylor v. Naylor, 127 So.3d 1288 (Fla. 1st DCA 2013), the trial court assigned a $20,000 value to tools without credible evidence, relying solely on a vague affidavit. The appellate court reversed.

This ruling emphasizes that asset valuation cannot be arbitrary or based solely on one party’s unverified opinion. The value of marital property—whether it’s real estate, retirement accounts, business interests, or personal property like vehicles and collectibles—must be grounded in reliable documentation and expert analysis when necessary.

To ensure a fair and legally sound valuation process:

• Use Appraisers: For high-value or disputed items such as homes, art, or jewelry, a licensed appraiser can provide an independent assessment.
• Document Condition and Ownership: Photographs, purchase receipts, warranties, and maintenance logs help support the valuation.
• Leverage Market Comparisons: For vehicles or resale items, market listings and comparable sales data can serve as objective benchmarks.
• Provide Depreciation Schedules: For tools, electronics, or business equipment, depreciation can impact value and should be documented through tax filings or accountant reports.
• Call an Expert Witness: In cases involving business interests or unique assets, an accountant, business evaluator, or forensic expert may be required to testify to value.

Failure to support valuations with competent evidence can lead to an inequitable outcome and expose your judgment to appeal. Providing thorough documentation and testimony in advance helps avoid post-trial disputes and strengthens your credibility.

If you need assistance preparing valuations or gathering documentation for equitable distribution, contact Rhoden Law Group at 321-549-3162. Our attorneys help clients throughout Brevard County build strong, evidence-based cases for divorce settlement and mediation.
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