Paulette Hamilton | March 4, 2025 | Divorce
Divorce is tough, and one of the biggest questions couples face is: “Who gets the house?” In Florida, the answer isn’t always straightforward. This guide breaks down how Florida law handles homes in divorce so you can understand your options and make informed decisions.
Understanding Florida’s Equitable Distribution Law
Florida follows the “equitable distribution” rule when dividing property in a divorce. This doesn’t mean everything is split 50/50. Instead, the court divides assets somewhat based on factors like each spouse’s finances, contributions to the marriage, and future needs.
Marital vs. Non-Marital Property
Marital property includes the house if it was bought during the marriage, even if only one spouse’s name is on the deed. If one spouse owned the home before marriage and kept it separate (e.g., never added the other spouse’s name), it might stay with the original owner. However, the house could become partially marital property if marital funds were used for mortgage payments or renovations.
Key Factors That Determine Who Keeps the House
The court considers several factors when deciding what’s fair. Here are the most important ones:
- Financial Circumstances: Can either spouse afford to keep the house alone? The court will examine income, debts, and whether one person can handle the mortgage, taxes, and upkeep. If neither can afford it, the house may need to be sold.
- Child Custody Arrangements: If one parent gets primary custody, the court may let them stay in the house to stabilize the kids’ lives. This is common, but it’s usually temporary. Once the youngest child turns 18, the home might be sold.
- Contributions to the Home: Did one spouse pay the mortgage while the other managed childcare or home repairs? Florida recognizes non-financial contributions. For example, staying home to raise kids or renovating the house could strengthen your claim to the property.
- Market Value and Equity: The court will determine the home’s current value and how much equity (the portion you truly own) exists. If the house has $100,000 in equity, that amount gets divided fairly.
In conclusion, the court takes a comprehensive approach when determining who keeps the house, considering factors such as financial stability, child custody arrangements, each spouse’s contributions to the home, and the home’s market value and equity. Ultimately, the decision is based on what is fair and equitable for both parties, ensuring that each individual’s financial and emotional well-being is considered in the division of property.
Options for Handling the House in a Divorce
Most couples choose one of these paths:
- Selling the House and Splitting the Profits: Selling is often the simplest solution. The remaining money is divided after paying off the mortgage and sale costs. The split might not be equal—it depends on what’s fair under Florida law.
- Buying Out Your Spouse: You can “buy out” your spouse’s share if you want to keep the house. For example, if the equity is 100,000, you might pay them 100,000, or you might pay them 50,000 (or another fair amount). You’ll need to refinance the mortgage to remove their name.
- Co-owning the House Temporarily: Some ex-couples keep joint ownership, especially if they have kids. This lets the children stay in the home until they graduate. However, co-owning requires trust and clear legal agreements.
It’s important to consult with legal and financial professionals to ensure a fair and workable solution for both parties.
How Prenuptial Agreements Affect the House
If you signed a prenup, it could override Florida’s default rules. For instance, a prenup might state that the house stays with the spouse who bought it, regardless of improvements made during the marriage. Courts generally honor valid prenups unless they’re unfair or signed under pressure.
Steps to Protect Your Rights to the Home
When going through a divorce, protecting your rights to the family home is a crucial step. Understanding your legal options and taking proactive measures can help ensure a fair distribution of property. Here are a few key steps to help safeguard your interests:
- Consult a Divorce Attorney: A lawyer can explain your rights and help negotiate a fair outcome.
- Gather Financial Documents: Collect mortgage statements, property deeds, and records of payments or renovations. This helps prove your contributions.
- Consider Mediation: Mediation lets you and your spouse work out a deal with a neutral third party. It’s faster, cheaper, and less stressful than going to court.
These steps allow for a more informed, efficient, and less stressful process as you navigate the complexities of divorce and property division.
Need Help With Your Florida Divorce? We’re Here for You
Deciding who gets the house in a Florida divorce depends on finances and child custody. While this guide covers the basics, every situation is unique. Working with an experienced divorce attorney protects your rights and gets the best possible outcome. At the Law Office Of Paulette Hamilton Divorce Lawyers, we focus on Florida family law and know how stressful divorce can be. Contact us today to schedule a free consultation. Let us help you navigate this process with confidence and care.
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