You can testify to the value of your own property in a Georgia divorce without being an appraiser.
What the Statute Says
OCGA 24-7-701(b) provides that “[d]irect testimony as to market value is in the nature of opinion evidence. A witness need not be an expert or dealer in an article or property to testify as to its value if he or she has had an opportunity to form a reasoned opinion.” The Georgia Supreme Court quoted that provision in Barking Hound Village, LLC v. Monyak, 299 Ga. 144 (2016), and gave it the same meaning as the statute it replaced.
You Have to Give the Basis
An owner’s bare number is not evidence. In Sheppard v. Sheppard, 229 Ga. App. 494 (1997), a wife testified to her opinion of the value of the marital home, but “she did not testify as to the basis of her opinion.” The Court of Appeals held that “while the owner of the property can testify as to its value, such opinion must be supported with the facts upon which it is based,” so hers could not support the trial court’s valuation. The court also rejected the county tax assessments the trial court had used, because they were hearsay containing the assessors’ own opinions.
The Judge Does Not Have to Accept Your Number
In Sullivan v. Sullivan, 295 Ga. 24 (2014), a divorce over the value of a husband’s shares in a closely held company, the Georgia Supreme Court restated that “opinion testimony does not establish any fact as a matter of law; consequently, the fact finder is not bound by the opinion testimony of witnesses as to value of the property involved, even if such testimony is uncontradicted.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!