Divorce Property Guide
How to sell a house during divorce in Florida. Legal requirements, equitable distribution, and fast sale options.
Yes. Florida is an equitable distribution state (FL Statute 61.075). The marital home is typically the largest shared asset. Both spouses on the deed must agree to sell. If one refuses, the court can order the sale through a partition action (FL Statute 64.011).
Marital property (purchased during marriage with marital funds) is divided equitably - not necessarily equally. Pre-marital equity may be separate property, but appreciation during marriage may be marital. Mortgage payoff, closing costs, and fees come off the top before the split.
Speed (7-14 days vs 90+ listing), certain price (no arguing over offers), no showings to coordinate between hostile schedules, no repair disputes, and clean split at closing. The title company distributes funds per the agreement. Both parties move on immediately.
(1) Both agree to sell or court orders it. (2) Choose method - cash is fastest. (3) Both sign the contract. (4) Agree on proceeds split via attorneys. (5) Close - proceeds distributed per agreement. (6) Update divorce decree. Tip: Have attorneys draft a stipulation regarding the sale before listing to prevent disputes at closing.
Florida uses equitable distribution under section 61.075, Florida Statutes, which starts from the premise that marital assets and debts are divided equally unless the court finds a reason for an unequal split. A house bought during the marriage is usually marital, while one owned before may be partly nonmarital. Selling and dividing the net proceeds is one common way to carry out the division.
Generally everyone on the title, and in Florida a spouse must also join in a deed of homestead property even if not on title. If one spouse will not cooperate, the court can order the sale or allocate the property in the final judgment. Ask your attorney whether the settlement agreement should spell out the listing, price approval and how closing costs and mortgage payoff are shared.
Yes. The federal exclusion of up to $250,000 of gain per person, or $500,000 for a married couple filing jointly, requires ownership and use as a main home for at least 2 of the 5 years before the sale (IRS Publication 523), and the filing status in the year of sale affects which limit applies. Florida has no personal state income tax. Ask a tax professional whether to sell before or after the divorce is final.
General information about Florida law, not legal or tax advice. Confirm your situation with a Florida attorney or tax professional.
No, if both are on the deed. Both must sign. Court can force via partition action (FL 64.011).
Not necessarily. One spouse can buy out the other, or house can be awarded to one. But selling provides the cleanest financial break.
Removes conflict: no repair arguments, no showing schedules, one offer to accept, close in 7-14 days, and split proceeds cleanly.