Selling a House During Divorce in Florida (2026 Guide)

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:

Marital vs. Non-Marital Property

Only marital property gets divided. Non-marital (separate) property stays with its original owner.

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

1. 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 when title, payoff, access, and seller documents are ready, which speeds up the entire divorce settlement.
2. 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, which may not be possible if income, credit, debt, rates, or insurance costs no longer support the payment.
3. 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.
4. 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

1. 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.
2. 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.
3. Lift or work around the lis pendens.
   If one was filed, both parties must sign off on the sale. Your attorneys can coordinate this.
4. Choose your sale method.
   Traditional listing, FSBO, or a cash buyer. For divorce situations, the right choice usually depends on court deadlines, both spouses' signatures, payoff numbers, repairs, privacy, and whether the sale terms are written clearly enough for both sides to evaluate.
5. 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

"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

1. Don't list the house without your spouse's agreement. If a lis pendens is filed, the sale will be blocked. Coordinate through attorneys before signing a sale contract.
2. Don't make major renovations. You won't recoup the investment, and the other spouse may dispute how the costs are allocated.
3. Don't stop paying the mortgage. Missed payments damage both spouses' credit scores and can trigger foreclosure.
4. Don't move out and stop maintaining the property. A deteriorating, vacant house loses value fast, hurting both parties financially.
5. 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