In most divorces in France, the home is the main asset to be divided, and the main point of disagreement. The spouse who keeps it has an interest in a low value, the spouse who leaves in a high one. Before arguing over the figure, the parties need to agree on the date at which it is assessed, because in a moving market that changes everything.
The date that counts: the day of partition
For the partition of community or jointly owned property, assets are valued at their value on the day of partition, that is, at the date closest possible to it. In practice, that is the date of the liquidation deed drawn up by the notaire (French civil-law notary) or, in contested cases, the date on which the court rules. A valuation carried out at the time of separation, two or three years earlier, will therefore need to be updated.
The rule cuts both ways. If the market has risen between separation and partition, the spouse leaving the home benefits from the rise. If it has fallen, they bear the fall. That is one of the reasons why partitions that drag on often end with a fresh valuation.
The other dates: dissolution of the regime and compensation between spouses
The date of dissolution of the matrimonial property regime fixes the composition of the estate to be divided, not the value of the assets. Since 2021, in contested divorces, it is in principle backdated to the date of the divorce petition; the spouses may also ask for it to be moved back to the date on which they ceased to cohabit and collaborate.
Récompenses (compensation between spouses), owed where separate funds financed a community asset or the reverse, are assessed according to the remaining benefit: the share of the expense in the value of the property at the time is worked out, then applied to the value at the date of liquidation. That requires two values at two dates: that of the acquisition or of the works, and that of the partition. The valuer must therefore be able to establish a reliable historical value, from the sales of that period, and not only a current value.
Preferential allocation and equalising payment
The spouse who wishes to keep the home may apply for its preferential allocation. They will then have to pay the other an equalising payment (soulte), calculated on the value at the day of partition, after deducting the outstanding capital on the loan if they take it over. A difference of €30,000 in the value adopted translates into €15,000 of equalising payment under a community regime. That is the concrete stake of the valuation.
Which valuation to choose
Three formats exist, and the choice depends on the climate between the spouses.
The private single-party valuation is commissioned by one spouse alone. It is quick and serves to form an opinion or to negotiate. But a single-party report, if challenged, cannot on its own found the court’s decision (Cour de cassation, mixed chamber, 28 September 2012). It must be corroborated by other evidence.
The joint private valuation is commissioned by both spouses, often through their lawyers, who choose the expert together. Both parties are invited to the inspection and may put forward their observations. The joint report carries far more weight and, in most cases, avoids a court-ordered valuation.
The court-ordered valuation (expertise judiciaire) is ordered by the family court judge, or sought by the notaire appointed to conduct the liquidation when difficulties arise. The expert is appointed by the court, paid from a deposit lodged with the court, and the report is filed with the court registry. It is the longest and the most expensive, but it is unavoidable when positions cannot be reconciled.
Who pays
For a private valuation, each spouse pays what they commissioned; for a joint valuation, the costs are most often shared equally, as the engagement letter specifies. For a court-ordered valuation, the judge designates the party that lodges the deposit, usually the one who asked for the valuation, and the costs are then included in the partition costs, borne by the estate to be divided, unless the court decides otherwise. The valuation of a house most often costs between €975 and €1,500 depending on the property and the travel involved (VAT not applicable); the partition often concerns sums a hundred times greater.
What the notaire expects from the report
A legal and physical description of the property, identified comparables, an explicit method, a single-figure value and not only a range, and where relevant a value at the acquisition date for compensation between spouses. Nine years in a notaire’s office taught me what saves time at the liquidation stage. The Market value page describes the assignment and the Private clients page the related situations: inheritance, gifts, joint ownership.
What next
Divorcing, and the value of the home is blocking the negotiation?
Describe the situation to me: matrimonial property regime, property concerned, stage of the proceedings. I will tell you which valuation is suitable, private, joint or court-ordered, and what it costs.
Free quote, by email or by phone. No commitment before the quote is accepted. Fees are never linked to the value of the property (Charte de l’expertise, Title I, §2.1).
