Selling a house during divorce is one of the most common — and most emotionally charged — real estate transactions. In Florida, the process is governed by equitable distribution laws, and there are specific considerations that affect how and when you can sell the marital home.
Equitable Distribution in Florida
Florida is an equitable distribution state (not a community property state). This means marital property is divided "fairly" — which doesn't necessarily mean 50/50. The court considers factors like:
- Length of the marriage
- Each spouse's economic circumstances
- Contributions to the marriage (including homemaking and child-rearing)
- Whether either spouse sacrificed career for the other's
- Desirability of keeping the home for minor children
Is the House Marital Property?
Generally, a house purchased during the marriage is marital property, regardless of whose name is on the deed. A house owned by one spouse before the marriage may be partially marital property if marital funds were used for mortgage payments, improvements, or maintenance.
Your Options for the Marital Home
Option 1: One Spouse Buys Out the Other
One spouse keeps the house and compensates the other for their share of the equity. This requires refinancing the mortgage into only one name and coming up with the buyout payment.
Pros: Stability, especially if children are involved. No moving costs for the staying spouse.
Cons: Requires qualifying for a mortgage on one income. The staying spouse takes on all property responsibilities.
Option 2: Sell on the Open Market
List the house with a real estate agent, sell it, and split the proceeds according to the divorce agreement.
Pros: Clean break for both parties. Potentially the highest sale price.
Cons: Takes 3-6 months. Requires cooperation on repairs, showings, and negotiations. Ongoing shared financial responsibility during the listing period.
Option 3: Sell for Cash
Sell directly to a cash buyer like Causeway Home Buyers. Split the proceeds and move on.
Pros:
- Close in as few as 14 days — fastest path to a clean break
- No need to agree on repairs, staging, or listing strategy
- No showings (no strangers walking through during an already stressful time)
- Certainty of closing — no financing contingencies
- Both parties can plan their next move with a known amount and date
Cons: Sale price is below full retail. But when you factor in the saved commissions, carrying costs, and the value of speed, the net difference is often smaller than expected.
Important Legal Considerations
Both Spouses Must Agree to Sell
If both names are on the deed, both must sign to sell. If one spouse refuses, the other may need to petition the court for a forced sale — which adds time and legal costs.
Court Orders and Temporary Relief
During divorce proceedings, the court may issue orders about who lives in the home, who pays the mortgage, and whether the home can be sold. Violating these orders can result in contempt of court.
Capital Gains Considerations
If you and your spouse have lived in the home as your primary residence for 2 of the last 5 years, you may each qualify for up to $250,000 in capital gains exclusion ($500,000 combined for married filing jointly in the year of sale).
Tips for Selling During Divorce
- Work with your attorneys: Any sale should be reviewed and approved by both parties' divorce attorneys.
- Get an independent appraisal: An objective property value prevents disputes about what the home is worth.
- Agree on minimum acceptable terms upfront: Set a floor price and terms that both parties accept before going to market.
- Consider the tax implications: Consult a CPA about capital gains, equitable distribution, and whether the timing of the sale matters for tax purposes.
- Keep emotions separate from business: Easier said than done, but financial decisions made during emotional highs or lows are usually regretted later.
Causeway Home Buyers: Fast, Simple, Fair
We've worked with divorcing couples in Pinellas County who just want to move forward. A cash sale eliminates the drawn-out listing process, the disagreements about repairs and pricing, and the stress of showings during an already difficult time.
We make a fair offer, let you choose the closing date, and deliver proceeds that can be split according to your agreement. Simple.
Get a free, no-obligation cash offer or call (727) 947-1271.