Property valuations decided through the court system in family law separation in Australia
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Title: | Property valuations decided through the court system in family law separation in Australia |
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Authors: | Leshinsky, Deborah | McGreal, Stanley | Taltavull de La Paz, Paloma | McGough, Anthony |
Research Group/s: | Economía de la Vivienda y Sector Inmobiliario (ECOVISI) |
Center, Department or Service: | Universidad de Alicante. Departamento de Análisis Económico Aplicado |
Keywords: | Family | Law | Valuation | Gender | Inequality | Divorce | Matrimonial home |
Issue Date: | 26-Jan-2024 |
Publisher: | Emerald |
Citation: | Journal of Property Investment & Finance. 2024, 42(4): 365-379. https://doi.org/10.1108/JPIF-05-2023-0046 |
Abstract: | Purpose – In Family Law Court decisions in Australia, following divorce, the female party is frequently disadvantaged financially in the long term. This paper provides a critical assessment of valuation evidence as a data source in research and discusses valuation accuracy, valuation variation and valuation bias, as well as the Australian family court system and the role of valuers as expert witnesses. In particular, valuation in family law, as it relates to gender inequality, is discussed. The study aims to determine whether the current system of valuation in the Family Law Courts disadvantages women. This paper was important to reveal information that stakeholders in family law cases use on a day-to-day basis. Design/methodology/approach – A database of 658 cases was developed and analysed to examine the influence of valuations of the matrimonial home provided by both the male and female parties on the final decision of the court. Findings – Findings showed that valuations from the female party had marginally more influence on the outcome. However, financial disadvantages for the female party persist despite this. This raises several questions for future research, regarding reasons for this persistent disadvantage. Research limitations/implications – Research limitations included a time-consuming process. Practical implications – Further researchers can use the findings from this paper to further research. Social implications – Social implications include the ability of the research to impact on society. In this regard, it was the matrimonial home in relation to divorce proceedings. Originality/value – The originality of this paper stems from the analysis of a database that was created from a large number of cases from Austlii database family law cases. |
URI: | http://hdl.handle.net/10045/140458 |
ISSN: | 1463-578X (Print) | 1470-2002 (Online) |
DOI: | 10.1108/JPIF-05-2023-0046 |
Language: | eng |
Type: | info:eu-repo/semantics/article |
Rights: | © Emerald Publishing Limited. Emerald allows authors to deposit their AAM under the Creative Commons Attribution Non-commercial International Licence 4.0 (CC BY-NC 4.0). To do this, the deposit must clearly state that the AAM is deposited under this licence and that any reuse is allowed in accordance with the terms outlined by the licence. To reuse the AAM for commercial purposes, permission should be sought by contacting permissions@emeraldinsight.com |
Peer Review: | si |
Publisher version: | https://doi.org/10.1108/JPIF-05-2023-0046 |
Appears in Collections: | INV - ECOVISI - Artículos de Revistas |
Files in This Item:
File | Description | Size | Format | |
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![]() | Accepted Manuscript (acceso abierto) | 1,15 MB | Adobe PDF | Open Preview |
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