How to Sell a House During Divorce in Florida

Florida Equitable Distribution

Florida is an "equitable distribution" state, meaning marital property is divided fairly (not necessarily 50/50). The home is typically the largest marital asset. The court considers factors like each spouse's financial situation, contributions to the marriage, and the desirability of keeping the home for minor children. Both spouses must agree to sell, or the court may order a sale.

Florida Equitable Distribution Law (Statute 61.075)

Florida Statute 61.075 governs how marital assets are divided. "Equitable" doesn't mean equal. The court weighs each spouse's economic circumstances, the duration of the marriage, any interruptions to careers or education, and each person's contribution to the marriage, including homemaking and childcare.

The marital home is usually the largest asset on the table. If one spouse wants to keep it, they'll need to refinance the mortgage in their name alone and buy out the other spouse's equity share. Many can't qualify for the refi on a single income, especially when the original loan was approved based on two earners.

When spouses can't agree on what to do with the house, either party can petition the court to order a sale. The court appoints a process for selling the property and splits the net proceeds according to its equitable distribution ruling.

A partition action, where one co-owner forces a sale through the courts, costs $5,000-$15,000 in attorney fees and takes 6-12 months to complete. It's the most expensive and slowest option, but sometimes it's the only path forward when one spouse refuses to cooperate.

Both Spouses Must Sign the Deed

In Florida, both spouses must sign the warranty deed to transfer property, even if only one name appears on the title. This requirement comes from Florida's homestead protections under Article X, Section 4 of the Florida Constitution. The law exists to prevent one spouse from selling the family home without the other's knowledge or consent.

If one spouse won't cooperate, you'll need a court order authorizing the sale. Your divorce attorney can petition for this, but it adds time and legal costs to an already expensive process.

A cash sale to FL Home Buyers simplifies the coordination. We work with both attorneys, handle the title company, and can close in 7-14 days once both parties agree. The title company issues two separate checks at closing so each spouse walks away with their share immediately. No waiting 3-6 months for a traditional buyer's financing to come through, and no risk of a deal falling apart at the last minute.

Three Options for the Marital Home

Option 1: One spouse buys out the other's equity. This requires refinancing in one name and is often challenging if the buying spouse doesn't qualify alone. Option 2: Sell on the traditional market. This takes 3-6 months and requires cooperation on showings, maintenance, and staging, difficult during a contentious divorce. Option 3: Sell to a cash buyer for a quick, clean split. No showings, no repairs, and proceeds distributed at closing per your agreement.

Why a Cash Sale Works Best in Divorce

Divorce is stressful enough without adding months of home showings and buyer negotiations. A cash sale to FL Home Buyers eliminates: showings (just one visit from us), repairs and staging (we buy as-is), buyer financing delays (we close in 7-21 days), and prolonged financial entanglement (clean break at closing). Both spouses receive their share from the title company at closing.

Legal Considerations

Both spouses must sign the sales contract unless one has sole authority via court order. We recommend having your divorce attorney review any sale agreement. The title company distributes proceeds according to your settlement agreement or court order. We coordinate directly with both attorneys if needed to ensure a smooth closing.