by James Morton | Jan 22, 2026 | Certified Practising Valuer, Estate planning, Family law
Settling property assets after a marriage or family breakdown is never a fun thing to do, but there are some simple rules you can follow to make it an easier process for everyone involved.
As a property valuer with decades of experience in family law and property settlement, I’ve seen all sorts of family property drama unfold, and it’s not a great place to be. So save yourself more hassle by getting on the same page as your (former) loved ones and try to tick the following boxes:
- Joint instruction is always preferred in terms of securing a valuation for your property. This means you and your other parties (ie, husband, wife, sibling, parent, etc) will seek the valuation together and agree on the purpose of the report. The alternative is that only one party will instruct the valuer and pressures them to create a higher or lower valuation figure in order to reduce or increase the settlement in their favour. While a CPV will always seek to write a report that satisfies the client’s needs, they are bound by market evidence and legal guidelines so won’t ever come up with a valuation that helps ‘rip someone off’. Preparing joint instructions just makes it simpler to apply a fair and transparent valuation that is less likely to be challenged or require another report to be commissioned later on… Joint instructions = win/win in the long run!
- You don’t always need a lawyer or solicitor to be involved in a property settlement and it’s often better for everyone if you can move through the process without them (especially considering their fees!). Whether legal practitioners are involved or not, a Certified Practising Valuer will always write their report in accordance with Civil Procedure rules in the event that the matter ends up in court… even if it doesn’t seem likely at the outset.
- If you do need to lawyer up, keep it friendly. The more both or all parties can agree on from the start, the less will end up being paid in legal fees or new valuation reports. It’s fair to expect that using lawyers will save a lot of stress and soul-searching through what is already a stressful process, but remaining civil can still save you loads. And remember, a CPV is an impartial party in the property settlement, so they don’t want to know how the other party cheated on you or failed to adequately parent the kids unless it’s had an impact on the property itself.
- Have keys. There has unfortunately been more than one occasion when I have been asked to prepare a property valuation for family law purposes, only to be told on the day of inspection to climb in the kitchen window! If you don’t have legal access to the property for inspection purposes, don’t expect your CPV to be up for some casual break and enter… after all, it’s best for everyone that the CPV remains impartial and uninvolved, so keep it this way from the start!
Reach out for my advice on how to maintain minimum standards of fairness and respect during a tricky time, or have your solicitor send me some instructions after you have digested these hot tips.
Meantime, be nice to your wife or mother and reap the rewards down the track…
by James Morton | Jan 18, 2026 | Certified Practising Valuer, Estate planning, Family law, Property tax, Stamp duty valuation
Stamp Duty is something you might not have heard of until you suddenly need to pay it. Like other kinds of tax such as Capital Gains, it’s a government fee that’s only payable when you are in the fortunate position of buying or being transferred a property. It’s payable on all types of property purchase or transfer, including residential, rural or commercial.
While there may be situations or ‘loopholes’ that can be enacted to avoid paying Stamp Duty, you will still likely need a full valuation report to support the transfer or sale. In most cases, I would advise new property owners to have their own conveyancer or solicitor ready to go, as valuations for Stamp Duty purposes are valid for only 90 days after the inspection date. If, after 90 days, the transfer hasn’t been completed, another inspection needs to take place and a new valuation service fee is payable.
Current Australian property and taxation laws require all valuation reports for Stamp Duty calculations to include a physical inspection by a qualified property valuer.
The valuation will determine the market value of a property and facilitate legal or taxation professionals to calculate stamp duty payable (or exemptions) based on this report. It is currently the only legal method for calculating the amount payable every time you purchase a property, including inheriting or transferring property in estate planning contexts that might not be tested ‘at market’.
Advice about the amount payable in different scenarios should always come from a legal practitioner such as a lawyer, solicitor or conveyancer experienced in property and estate matters, but a certified property valuer accredited with the Australian Property Institute (API) needs to be involved in the valuation to qualify market value.
They say death and taxes are the only inevitable parts of life, and it may never be more true than when you suddenly need to pay Stamp Duty for whatever reason, but doing it properly will save you plenty of time and money in the long run.
For the record, Revenue NSW handles Stamp Duty obligations while the Australian Tax Office (ATO) handles Capital Gains Tax liability for Australian property owners.
So, talk to your solicitor or conveyancer about your personal situation and have them send their instructions to a Certified Practising Valuer to make the process as easy as possible.
Or drop me a line and I can walk you through the process so it’s less irritating and confusing than it feels right now!
Good luck! May the power of friendly CPVs be with you…
by James Morton | Jan 16, 2026 | Certified Practising Valuer, Estate planning, Family law
In a world where there is an app for most things, it’s a fair question to ask why a generic online report or app-based figure can’t be used for those times when you’ve been told you need a property valuation.
To be honest, there might very well be times when you can get away with a valuation based on automated algorithms and AI… but this will only be the case if your property is a bog-standard home with no special features and the purpose is very straightforward (like finding the market ‘value’ of a house you are thinking of buying, for example, or wanting a ballpark figure for residential sale). And that’s a pretty big BUT.
Currently, Australian law requires a Certified Practising Valuer who is accredited with the Australian Property Institute (API) to be involved in most types of property valuation – including any transfers of assets relating to estate planning, family law settlements, Stamp Duty calculations, Capital Gains Tax liability, or SMSF audits.
So, by all means, order a generic online report if you just want to see how much your place is worth from someone who isn’t just the real estate agent interested in selling it… but if you need a valuation for any other reason, you’re going to need a full valuation report that includes a physical inspection by someone who is qualified.
The current level of qualification for a Certified Practising Valuer in Australia is a Masters degree or higher, and at the moment AI doesn’t fit the bill.
So forget the apps and hire a real person to get the job done right. You can also call me or drop me an email if you want to know what kind of valuation you need in your personal context.
Or ask your preferred local solicitor or conveyancer about it and have them send me instructions… It’s not as fast as an app but it will have a much more comprehensive result!
