Higher Appeal Divorce: Legal Advice

Questioner

I'm currently finalizing my divorce (community property). Our house was appraised for this purpose at the end of July 2018. After the house was appraised, my ex-wife sent me several emails asking if I could immediately transfer half of the equity to her. I couldn't comply because the divorce wasn't finalized yet, and this needed to be resolved first to secure financing. Due to court delays, a hearing wasn't held until May 2019 (although the divorce had already been finalized on January 18, 2019). My ex-wife demanded a reappraisal, and the court granted it because there was no agreement regarding the appraised value. This was despite my ex sending several emails demanding half of the equity immediately. It has now been decided, based on established case law, that in the absence of an agreement between the parties, the value to be taken into account for the division must be the value of the property at the time of the division. My wife's emails in which she claimed half of the surplus value immediately after the July 2018 appraisal (which were not brought to the judge's attention) do, in my opinion, prove that she agreed with the established value. Is this a valid reason to appeal the ruling?

Questioner

I wouldn't immediately assume so. The emails she sent may have been sent in a heightened state of agitation and emotion related to the situation. She could interpret them as such, and you should have understood that, in which case they would be worthless. Furthermore, there should be an agreement somewhere stating that she agrees with the outcome of the initial appraisal. Moreover, the appraisal may have increased, and that alone is grounds for review. So, if you waive your rights, or your ex forfeits them for this reason, compared to the costs of an appeal, I would refrain.