Divide the Property--Settle the Price Later

Sometimes the spouses get so hung up on the value of assets, they lose sight of the fact that there are only a couple of items to go around--usually a house and a pension. With a small pie, there is more tendency to fight than when there are an abundance of assets. The lawyer can help here by reminding the client that it is a common tendency, when there are few assets, to overvalue the spoue's awared, while minimizing the value of the asset you get.

To proceed past this situation, suggest that the parties agree in advance that one spouse will get the house and the other the pension. Then, if the parties cannot agree on the value of these assets, they will submit the matter to a third person they both trust, usually a trained mediator with expertise about the asset to be awarded. If either spouse is feeling suspicious, make it a panel of three experts. There is a very good chance that three experts will be able to find a common value that the parties can live with, whether it is a house or a pension.

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Lowell Halverson halvl@accessone.com
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