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Who gets the house in a divorce in Florida?
One of the most common questions homeowners ask during divorce is what happens to the family home. In Florida, property is divided using a legal concept called equitable distribution, which means marital assets, including the home, are divided fairly, though not always equally. For couples in Miramar, Pembroke Pines, and throughout Broward County, the family home is often the largest asset involved in the divorce.
Because every divorce situation is different, there are several possible outcomes when deciding what happens to the home.
FAQ: What Happens to the House During Divorce?
Does one spouse automatically get the house in a Florida divorce?
Not necessarily. Florida courts typically view the marital home as a shared marital asset, especially if it was purchased during the marriage. This means both spouses generally have a financial interest in the property.
Instead of automatically awarding the house to one person, couples often explore different options for handling the home.
What are the most common options for the house during divorce?
Most couples choose one of three options.
1. Sell the home and divide the equity
Selling the home is often the simplest solution. After the mortgage and closing costs are paid, the remaining equity is divided according to the divorce agreement.
Selling the home can allow both individuals to:
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Pay off shared financial obligations
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Access their share of the equity
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Move forward with a new living situation
For many families, this option provides a clear financial break and a fresh start.
2. One spouse keeps the home
In some cases, one spouse may decide to keep the home. This usually involves refinancing the mortgage into their name and paying the departing spouse their share of the home’s equity.
While this option can provide stability, especially for families with children, it requires careful financial evaluation. The spouse keeping the home must be able to comfortably afford the mortgage, property taxes, insurance, and maintenance.
3. Delaying the sale of the home
Some couples agree to keep the home temporarily, particularly if children are involved. In these cases, the home may be sold later once certain conditions are met, such as when the children finish school.
What happens to the mortgage during divorce?
One of the biggest concerns during divorce is the mortgage.
If both spouses signed the mortgage, they may remain legally responsible for the loan until it is paid off or refinanced. This is why many couples choose to sell the home or refinance the mortgage during divorce proceedings.
Understanding the financial implications of the mortgage is an important step when deciding what to do with the home.
Why the Family Home Can Become a Source of Stress
Divorce can bring strong emotions and uncertainty, and decisions about the home can become complicated.
For example:
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One spouse may stop contributing to the mortgage
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Maintenance of the home may be neglected
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Communication between spouses may become difficult
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Disagreements about pricing or timing may arise
When these issues occur, they can affect the value of the home and the outcome of the sale.
Having a neutral, experienced real estate professional involved can help keep the process organized, respectful, and focused on protecting the value of the home.
A Neutral Guide During Divorce Real Estate Decisions
When a home is involved in a divorce, it is important to have someone who can remain professional, neutral, and focused on the real estate transaction.
I am Sharon Flood with Coldwell Banker Realty, and for more than two decades I have helped homeowners in Miramar, Pembroke Pines, and across South Broward County navigate complex real estate situations during divorce.
My role is to guide both parties through the process by:
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Providing an accurate market analysis of the home
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Helping determine the best pricing strategy
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Marketing the property effectively to attract qualified buyers
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Negotiating offers to help protect the home’s value
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Keeping both spouses informed throughout the process
Because divorce home sales require specialized knowledge, I also hold several professional designations including:
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Residential Real Estate Divorce Specialist
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Certified Seller Representative
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Certified Residential Specialist
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Pricing Strategy Advisor
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Real Estate Negotiation Expert
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Certified Luxury Home Marketing Specialist
These certifications allow me to help homeowners navigate pricing strategy, negotiations, and marketing in ways that protect the home’s value while helping both parties move forward.
Moving Forward After Divorce
Divorce represents a major life transition, but with the right guidance, it can also be the beginning of a new chapter.
Whether you are exploring selling the home, considering a buyout, or simply trying to understand your options, having the right information can help you move forward with confidence.
If you are going through a divorce and have questions about your home in Miramar or Pembroke Pines, I am here to help.
📞 Call or text Sharon Flood with Coldwell Banker Realty at 954-650-2676 for a confidential conversation about your situation.
