Appraisal for
estate settlement and divorce
An impartial appraisal is essential when dividing real estate assets. Whether in the context of an estate settlement, a divorce, or a donation, our report signed by a certified appraiser is recognized by the courts and tax authorities.
When do you need this appraisal?
Estate settlement
Upon the death of a loved one, real estate assets must be appraised at their fair market value for distribution among heirs, for tax filings, and to establish the value of the estate. Our report serves as a reference for all parties involved.
Divorce and separation
During a divorce or de facto separation, the division of the family patrimony requires an independent appraisal of real estate assets. Our report establishes the market value of the family residence or any other property at a specific date.
Inter vivos donation
If you are considering gifting a property during your lifetime (to a child, for example), an appraisal is required to establish the fair market value for tax purposes and to avoid future disputes among heirs.
Share buyout
When a co-owner wishes to buy out the other's share (in the case of a separation or family agreement), the market value of the property must first be determined. Our report establishes this value objectively.
The family patrimony in Québec
In Québec, the family patrimony consists of the family's residences, the furniture in those residences, vehicles, rights accumulated in a pension plan, and earnings registered with the Québec Pension Plan. Upon divorce, this patrimony is divided equally between spouses, regardless of the matrimonial regime.
The family residence is often the most significant asset in the family patrimony. Its value must be established by an independent professional to ensure an equitable division. Both parties may appoint their own appraiser or agree on a single appraiser.
For common-law partners, the family patrimony does not automatically apply. However, an appraisal may be necessary to settle the division of co-owned property.
Regarding estate settlements, the Civil Code of Québec provides that real estate assets are appraised at their fair market value at the time of death. This value serves as the basis for the heirs' rights and for tax obligations (deemed disposition).
Why choose a certified appraiser
Impartiality
As certified appraisers, we are bound by independence and objectivity. Our report does not favor any party.
Recognized by the courts
Our reports are admissible as evidence before Québec courts and can be used in mediation or arbitration.
Value at a specific date
We can appraise the property at a specific date (date of death, date of separation, date of the application), which is essential in a legal context.
OEAQ compliant
Our reports comply with the standards of the Ordre des évaluateurs agréés du Québec and are signed by a member in good standing.
Discretion
We understand that these situations are sensitive. We handle each file with professionalism and discretion.
Accepted by Revenu Québec and the CRA
For estate settlements, our report serves as the basis for provincial and federal tax filings related to the deemed disposition of assets.
How the appraisal works
Initial discussion
We discuss the context (estate settlement, divorce, donation), the desired reference date, and the properties to be appraised. Quote within 24 hours.
Inspection
The certified appraiser inspects the property. In the case of an estate settlement where access is limited, we work with the liquidator or notary to coordinate the visit.
Analysis and report writing
We analyze the market at the reference date, identify relevant comparable sales, and write a comprehensive and detailed report.
Report delivery
The report is delivered to the client and can be forwarded to the notary, lawyer, mediator, or Revenu Québec as needed.
Frequently asked questions
Can each party have their own appraiser?
Yes. Each party has the right to appoint their own certified appraiser. However, if both parties agree, they can also appoint a single appraiser to reduce costs.
Can a property be appraised at a past date?
Yes, this is common in the context of estate settlements (date of death) or divorce (date of the application or de facto separation). We analyze the market at the required date using data from that period.
Can the report be used in court?
Yes. Our report is admissible as evidence before Québec courts. The appraiser can also be called to testify as an expert if necessary.
How soon after a death should the appraisal be done?
Ideally within the months following the death. The value must reflect market conditions at the time of death. The longer you wait, the harder it is to justify the value at that date.
I have multiple properties in the estate. Do you offer a package deal?
Yes, we can offer an advantageous rate when multiple properties need to be appraised as part of the same mandate. Contact us to discuss your situation.
Need an appraisal for an estate settlement or divorce?
Impartial report within 24 hours. Discretion guaranteed.