How The Marital Home Is Handled In A Florida Divorce

For most couples going through a divorce, the marital home is more than just a line item on a financial disclosure. It is where kids grew up, where holidays happened, and often the single largest asset either spouse owns. So it makes sense that one of the first questions people ask when a divorce begins is simple: who gets the house?

The answer in Florida depends on several moving parts, and there is rarely a one-size-fits-all outcome.

Is the House a Marital Asset?

Florida is an equitable distribution state, which means marital assets and debts are divided fairly, though not necessarily equally. Whether the home counts as marital property usually comes down to when it was purchased and how it has been paid for.

If the home was bought during the marriage, it is generally treated as a marital asset regardless of whose name is on the deed. If one spouse owned the home before the marriage, things get more complicated. The property may still be considered partly marital if mortgage payments, renovations, or home equity were built up using marital funds during the marriage. Courts look closely at these contributions when sorting out what belongs to whom.

What Happens to the Home During the Divorce

While a divorce is pending, someone still has to keep paying the mortgage, taxes, and insurance, and someone still has to live there. Courts can issue temporary orders addressing who stays in the home and how those expenses get handled until the case is resolved. This is separate from the final decision about who ultimately keeps or sells the property.

Common Outcomes for the Marital Home

There is no single script for how a Florida court divides a marital home, but a few outcomes come up most often.

Sometimes the couple simply agrees to sell the house and split the proceeds. This is often the cleanest option, particularly when neither spouse can afford to keep the home on a single income.

In other cases, one spouse buys out the other’s share, either with cash or by trading other marital assets of similar value, and keeps the home outright.

Florida law also allows a court to award one spouse exclusive use and possession of the home for a period of time, particularly when doing so serves the best interests of a dependent child. This does not necessarily change who owns the home long term, but it does determine who lives there in the near term.

Factors Courts Consider

Under Florida Statute 61.075, judges weigh a range of factors when dividing marital property, including each spouse’s economic circumstances, contributions to the marriage such as homemaking and child-rearing, and whether it makes sense for a parent with primary responsibility for the children to remain in the home. The statute makes clear that keeping a dependent child in the family home is a legitimate consideration, but only when it is financially feasible for the parties involved.

Every situation is different, and the right outcome depends heavily on the couple’s finances, whether children are involved, and how the rest of the marital estate is divided. Because these decisions carry long-term financial consequences, working through the details with Orlando divorce attorneys who understand how local courts approach property division can make a meaningful difference. Our team at Greater Orlando Family Law has guided many families through exactly these questions, and we would be glad to help you think through your own situation. Reach out to us today to schedule a consultation.

Source:

flsenate.gov/laws/statutes/2023/61.075