Section 21.10 Real Estate

• Library: Family Law Deskbook and 2014 Supp

2. (§21.10) Real Estate

Perhaps the most common type of property to value in a dissolution case is real estate. The real estate expert must have the following:

· Knowledge of sales where the property is located

· Experience in the purchase and sale of real estate in the area

· A methodical approach

Demonstrative evidence, such as photographs and floor plans, can be used to assist the court.

It should be noted, however, that the court does not need to hear an “expert” testify to determine the value of real estate. In In re Marriage of Barr, 579 S.W.2d 833 (Mo. App. W.D. 1979), one of the respondent’s witnesses testified as to the value of his car wash business. The court of appeals upheld the trial court’s use of the value stated by respondent’s witness. “The evidence established that while the witness was not an expert on real estate values, he was familiar with the cost, operation and market of car washes in the area of property in question.” Id. at 836. In Weiss v. Weiss, 702 S.W.2d 948 (Mo. App. W.D. 1986), the court held that a trial court was...