When making a finding of current market value, does the inclusion of a normal real estate commission?

No authority is cited for the contention that inclusion of a normal real estate commission is improper when making a finding of current market value. Current value must reflect the current net amount that would be received by the community should this asset be sold and the proceeds divided between the parties. Inclusion of the commission is no more speculative than setting the gross price of the property today, where there is no showing of a current buyer or of a current intent to sell. The property might have a greater or lesser value in the future. The commission might be based on a higher or lower percentage in the future. Current market value legitimately includes the current costs of sale of the asset in determining the net value of items distributed to each of the parties. In addition, given the parties' implicit consent to use of the expert appraiser by the court, both parties, including the appellant, should be bound by the resuit where, as here, there is no assertion of fraud. (Valentin v. Valentin (1949) 93 Cal.App.2d 588, 209 P.2d 654.)

The judgment is affirmed.