Selling a House During a Divorce in Florida

In a Florida divorce, the marital home is usually sold and the proceeds split, bought out by one spouse (often through a refinance), or kept jointly for a set time, such as until the children finish school. If you sell, both spouses generally must sign, even a spouse who isn't on the deed, because Florida homestead law requires it until the divorce is final. If you can't agree, the judge will decide as part of dividing your property.

Your three main options

A buyout or a sale both start with the same question: what is the house worth today? An agreed value from a neutral appraisal or a detailed market analysis prevents a lot of arguments. You can start with a free home-value check.

Who has to sign

• Everyone on title: if both names are on the deed, both must sign the listing agreement, the contract and the deed.
• A spouse who isn't on title: under Article X, Section 4(c) of the Florida Constitution, a married owner can't sell or mortgage the family homestead without the other spouse joining in, even if that spouse never was on the deed. A deed signed without the required joinder can be void.
• Until the divorce is final: filing for divorce or living apart does not end this requirement. It lasts until the final judgment.
• After the final judgment: a recorded judgment that awards the home to one spouse can serve as a transfer of title, and your marital settlement agreement can spell out who signs what.

A spouse who lives abroad or won't come to closing can sometimes sign through a power of attorney, but title companies review those carefully, so plan ahead.

The court's role

Florida divides property by "equitable distribution" under section 61.075, Florida Statutes. The judge starts from an equal split of marital assets and debts and can depart from it only for reasons listed in the statute. A few points that matter for the house:

• Marital vs. nonmarital: a home bought during the marriage is generally marital. A home one spouse owned before the marriage can still have a marital share if marital money paid down the mortgage principal or if the couple's efforts raised its value.
• Cutoff date: assets are classified as of the earliest of a valid separation agreement, a date that agreement sets, or the date the petition was filed.
• Children: the court considers whether keeping the home as a residence for a dependent child is in the child's best interest and financially feasible.
• Emergencies: during the case, a judge can order an interim partial distribution for extraordinary circumstances, such as funds needed to prevent foreclosure.

Most couples settle the house in mediation or a marital settlement agreement rather than at trial. In Miami-Dade, divorces are handled by the family division of the 11th Judicial Circuit; in Broward, by the 17th Judicial Circuit.

Timing: before, during or after the divorce

Florida requires at least one spouse to have lived in the state for six months before filing, and a final judgment can't be entered until at least 20 days after the petition is filed. Within those limits, you can sell at any point:

• Before or during the case: both spouses sign, and attorneys often have the net proceeds held in escrow (a trust account) until the agreement or a court order says how to split them.
• After the final judgment: the sale follows whatever the judgment or settlement agreement says about price, timing and who controls the listing.

Taxes and property taxes

Capital gains. If you sell while still married and file jointly for that year, you may exclude up to $500,000 of gain. After the divorce, each of you can generally exclude up to $250,000 if you meet the ownership and use tests. IRS rules help the spouse who moves out: if your ex keeps living in the home under the divorce or separation agreement, that time counts as your use. A transfer of the home from one spouse to the other as part of the divorce is generally not a taxable event. See our capital gains tax guide.

Property taxes. Under section 193.155, a transfer between spouses due to a divorce is not a "change of ownership," so the Save Our Homes capped value does not automatically reset when one spouse deeds the home to the other. The spouse who stays still has to qualify for and keep the homestead exemption in their own name. Read our Florida homestead exemption guide and check with the Miami-Dade or Broward Property Appraiser before recording any deed.

The mortgage and a smoother sale

A quitclaim deed does not take anyone off the mortgage. Until the loan is paid off or refinanced, both borrowers are responsible, and a missed payment hurts both credit scores. Keep paying the mortgage, insurance and HOA dues while the home is on the market. A simple checklist helps:

1. Agree in writing on the agent, the list price strategy and the lowest acceptable offer.
2. Decide who lives in the home during the sale and who pays which bills.
3. Set a repair budget and who approves it.
4. Agree how offers are approved, and whether one spouse has authority to sign counteroffers.
5. Tell the title company how the proceeds must be held or split, per your attorneys.

Our seller net sheet shows what is likely to be left after the mortgage and closing costs, which is the number you are actually dividing.

How we can help

We work as a neutral listing agent for both spouses, copying both on every update and offer so no one feels left out. We have helped families across Miami-Dade and Broward through this, in English and Spanish, and we coordinate with both attorneys. Call (786) 545-9222 for a confidential, free consult.

Frequently asked questions