In a divorce proceeding in Costa Rica, the valuation of real estate is one of the most important and often most contentious steps. When a couple decides to separate, the assets acquired during the marriage must be divided fairly, and this requires a professional appraisal to determine the real value of each property.
What Are Marital Assets (Gananciales)?
Under Costa Rican law, gananciales (marital assets) are those acquired by either spouse during the marriage using resources generated during the union. At the time of divorce, these assets must be liquidated and distributed equitably. To determine how much corresponds to each party, it is essential to know the current value of each property.
Marital assets may include:
- The family home
- Investment properties acquired during the marriage
- Land or lots purchased with marital income
- Commercial or industrial premises
Who Requests the Appraisal?
A divorce appraisal can be requested in several ways:
- By mutual agreement: Both spouses agree to hire an independent certified appraiser to value the assets. This is the fastest and most cost-effective route.
- By court order: If the parties cannot reach an agreement, the judge orders a formal appraisal. In this case, the court may appoint the appraiser or accept appraisers proposed by each party.
- By one party’s request: One spouse may commission their own appraisal to present as evidence in the proceedings.
The Valuation Process in a Divorce
The certified appraiser conducts a detailed inspection of each property, considering:
- Current condition: Structural integrity, finishes, maintenance performed, and recent improvements
- Market analysis: Comparison with similar properties recently sold in the same area
- Registry data: Information from the National Registry, cadastral plans, liens, and annotations
- Location factors: Access to services, transportation, commerce, and neighborhood environment
The result is a technical report with the updated market value, signed by a CFIA-certified professional.
Why Is an Impartial Appraiser Important?
In a divorce, emotions can influence the perception of asset values. One spouse may overestimate the value to obtain greater compensation, while the other may underestimate it. This is why having an impartial, certified appraiser is essential.
The appraiser must act with professional objectivity, applying recognized methodologies without favoring either party. Their report must be able to withstand judicial scrutiny and be defensible against any challenge.
What Happens If the Parties Disagree with the Appraisal?
If one party does not accept the appraisal result, they have the right to:
- Request a second appraisal by another certified appraiser
- Present technical objections to the expert report before the judge
- Request a court-appointed appraisal where the tribunal designates the appraiser
In practice, when the appraisal is performed by a certified professional using transparent methodology, courts tend to give it significant evidentiary weight.
The Importance of Acting Promptly
Delaying the appraisal can complicate the divorce process. Real estate market values change over time, and an updated appraisal reflects the reality at the moment of asset liquidation. Starting the valuation process as soon as possible facilitates a faster resolution.
At Diaz Peritajes, Engineer Jose Alberto Diaz V. has over 15 years of experience performing appraisals for divorce proceedings throughout Costa Rica. Our reports meet all legal requirements and are accepted by family courts. Contact us for a confidential consultation.