Selling a House During Divorce in Florida (2026 Guide)
Last updated: February 2026
Divorce is hard enough. Selling the house doesn't have to be. Here's how Florida law works, your options, and the fastest path to splitting cleanly.
Written by Max Cohen
Licensed General Contractor #CGC1534000 · Florida real estate since 2014
Quick Answer
Can you sell your house during a divorce in Florida? Yes—both spouses must agree, or the court can order the sale. Florida uses equitable distribution (not 50/50), meaning the court divides property fairly based on marriage length, financial contributions, and each spouse's situation. A cash sale often works best because it eliminates months of listing, staging, and buyer financing delays.
Table of Contents
How Florida Divides Property in Divorce
Florida is an equitable distribution state (Florida Statute §61.075), not a community property state. This is a critical distinction:
- Community property states (like California) split everything 50/50.
- Equitable distribution states (like Florida) split things fairly, which may or may not be 50/50.
The court considers multiple factors when dividing property:
| Factor | How It Affects Division |
|---|---|
| Length of marriage | Longer marriages tend toward 50/50 |
| Economic circumstances | Spouse with fewer resources may get more |
| Contributions to marriage | Includes non-financial (homemaking, childcare) |
| Career sacrifices | Spouse who paused career for family may be compensated |
| Intentional waste of assets | Spouse who depleted assets gets penalized |
Marital vs. Non-Marital Property
Only marital property gets divided. Non-marital (separate) property stays with its original owner.
Marital Property (Gets Divided)
- • House bought during marriage
- • Home improvements paid with marital funds
- • Mortgage payments made during marriage
- • Appreciation during marriage (even on pre-marital property)
Non-Marital Property (Stays Separate)
- • House owned before marriage (with exceptions)
- • Property received as a gift or inheritance
- • Property excluded by prenuptial agreement
- • Income from non-marital property (if kept separate)
The big catch: If you owned the house before marriage but used marital income to pay the mortgage or fund renovations, the other spouse has a claim to the increase in value. This is called "marital effort" and it's the #1 surprise in Florida divorce property disputes.
Your 4 Options for the House
-
Sell and split the proceeds.
The cleanest option. Both spouses agree to sell, divide the equity, and move on. This works best when neither can afford the house alone or when both want a fresh start. A cash sale can close in as little as 7 days, which speeds up the entire divorce settlement. -
One spouse buys out the other.
The spouse keeping the house refinances the mortgage in their name only and pays the other their share of equity. This requires qualifying for a new mortgage independently—not always possible in today's rate environment. -
Continue co-owning temporarily.
Sometimes done for children's stability—one spouse stays until the youngest turns 18, then the house is sold. Risky because it requires ongoing cooperation between ex-spouses and shared financial obligations. -
Court orders the sale.
If spouses can't agree, the judge can order the property sold. This usually means listing with a real estate agent at the court's discretion, which takes the longest and costs the most.
What Is a Lis Pendens?
A lis pendens (Latin for "litigation pending") is a notice filed with the county recorder that warns potential buyers that the property is involved in a legal dispute.
In divorce cases, either spouse can file a lis pendens to prevent the other from secretly selling or refinancing the property. Once filed:
- Title companies won't issue title insurance
- Traditional buyers walk away (too risky)
- The property is effectively frozen until the divorce settles or both parties agree to sell
Cash buyers can still purchase properties with a lis pendens—as long as both parties agree. This is one reason cash buyers are popular in divorce sales: they understand the process and don't get scared off by legal complications.
How to Sell During Divorce: Step by Step
-
Get a property valuation.
Both parties should agree on the home's value. Options: formal appraisal ($300-$500), comparative market analysis from an agent (free), or a cash offer from a buyer like FL Home Buyers. -
Agree on the sale terms.
Work with your attorneys to agree on listing price, minimum acceptable offer, and how proceeds will be split. Put this in writing as part of the separation agreement. -
Lift or work around the lis pendens.
If one was filed, both parties must sign off on the sale. Your attorneys can coordinate this. -
Choose your sale method.
Traditional listing (90+ days), FSBO, or cash buyer (7-30 days). For divorce situations, speed and certainty usually matter more than maximizing every dollar. -
Close and distribute.
The title company handles the closing. Proceeds are distributed according to the settlement agreement. Both parties sign the deed.
Why Cash Buyers Work for Divorce Sales
✓ Speed
Close in 7-30 days instead of 90-180. Faster closing means faster divorce settlement and less time paying double mortgages or rent.
✓ No Showings
No strangers walking through your home during an already emotional time. No staging, no open houses, no weekend disruptions.
✓ Guaranteed Price
Both parties know exactly what they'll receive. No negotiation surprises, no buyer backing out, no appraisal issues that could blow up the deal.
💰 Ready to Sell?
Selling During Divorce? → Get a Fast Cash Offer✓ Privacy
No MLS listing, no public marketing. Discreet transaction that doesn't broadcast your personal situation to the neighborhood.
"In divorce sales, the biggest cost is time," says Max Cohen. "Every month the house sits unsold is another month both parties are financially tied together. We can break that tie quickly."
Mistakes to Avoid When Selling During Divorce
- Don't list the house without your spouse's agreement. If a lis pendens is filed, the sale will be blocked. Always coordinate through attorneys.
- Don't make major renovations. You won't recoup the investment, and the other spouse may dispute how the costs are allocated.
- Don't stop paying the mortgage. Missed payments damage both spouses' credit scores and can trigger foreclosure.
- Don't move out and stop maintaining the property. A deteriorating, vacant house loses value fast, hurting both parties financially.
- Don't accept a below-market offer without your spouse's consent. The court can set aside a sale if one party was disadvantaged.
Frequently Asked Questions
Can I sell my house during a divorce in Florida?
Yes, but both spouses must agree or the court must order the sale. A lis pendens may prevent one-sided sales.
Is Florida a community property state?
No. Florida uses equitable distribution—property is divided fairly, not necessarily 50/50.
What about a house bought before marriage?
Generally separate property, but if marital funds were used for mortgage payments or improvements, the other spouse may claim a portion.
Can one spouse refuse to sell?
Temporarily, yes. But the court can order the sale if neither spouse can afford the home alone or if it's the only way to divide assets fairly.
How do cash buyers help?
Cash buyers close fast (7-30 days), buy as-is, provide a guaranteed price, and offer privacy—all critical in divorce situations.
Need to Sell During a Divorce?
We handle divorce property sales with discretion and speed. Both parties get a fair, certain number.
Learn About Our Divorce Process
Max Cohen
Licensed General Contractor • Buying Florida homes since 2014