Florida divides property by “equitable distribution”
Florida is an equitable-distribution state. Under Fla. Stat. § 61.075, the court divides marital assets and liabilities fairly — which starts from a presumption of roughly equal, but can be adjusted based on factors the statute lists. Marital property generally includes what was acquired during the marriage; separate (nonmarital) property is treated differently.
Who stays in the house during the divorce
A court can award one spouse temporary exclusive use and possession of the marital home while the case is pending — often tied to which parent the children live with. This is separate from who ultimately owns or sells it.
Three common outcomes for the house
- One spouse keeps it and buys out the other's share (often by refinancing).
- The couple sells it and splits the net proceeds per their agreement or the court's order.
- If co-owners can't agree, a partition action (Chapter 64) can force a sale.
Selling cleanly and privately
A cash sale can be a neutral, low-drama way to turn the house into a number both sides can split — no listing, no showings, no months of friction. We work with both spouses and their attorneys. How the equity divides is up to your lawyers and the court; we just make the house part easy. See selling a house during divorce.
A note from Chris: I’m Chris Moore, and I’m not a lawyer — this is not legal advice. It’s general information my team researched from the official sources cited on this page (the Florida Statutes and the references listed below), and laws change. For help with a specific legal matter you should talk to a licensed attorney. Need a good one? Reach out to me here and I’ll gladly share my references.
Frequently Asked Questions
How does Florida divide the house in a divorce?
Through equitable distribution (§ 61.075) — a fair division of marital assets and debts, starting from roughly equal and adjusted by statutory factors. Your attorneys and the court decide the split.
Can one spouse stay in the home during the divorce?
Yes — a court can grant temporary exclusive use and possession, often connected to where the children live.
What if we can't agree on what to do with the house?
If co-owners deadlock, a partition action (Chapter 64) can force a sale. Many couples instead agree to sell and split the proceeds.
Can we sell the house before the divorce is final?
Often yes, especially if both agree or the court directs it. We can work with both attorneys and keep it private.