If a trial court orders a party to sell the marital residence, can it take into account the amount of necessary repairs and the costs of sale when valuing the property for the division of the marital estate?
Conclusion (slip op. at 2): We hold that because a party was ordered to sell the marital residence, the trial court did not abuse its discretion by reducing the value of the property by the cost of necessary repairs and the costs of sale as long as those amounts are based on evidence in the record. The judgment of the trial court is affirmed.
Key Analysis (slip op. at 8-9): Because the trial court ordered Cynthia to sell the marital residence, it did not abuse its discretion by reducing the property’s value by the costs of sale because those costs were a direct result of the disposition and were based on evidence presented at the hearing . . .
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