Divorce Property Guide
How to sell a house during divorce in Florida. Legal requirements, equitable distribution, and fast sale options.
Yes. Florida is an equitable distribution state (FL Statute 61.075). The marital home is typically the largest shared asset. Both spouses on the deed must agree to sell. If one refuses, the court can order the sale through a partition action (FL Statute 64.011).
Marital property (purchased during marriage with marital funds) is divided equitably - not necessarily equally. Pre-marital equity may be separate property, but appreciation during marriage may be marital. Mortgage payoff, closing costs, and fees come off the top before the split.
Speed (7-14 days vs 90+ listing), certain price (no arguing over offers), no showings to coordinate between hostile schedules, no repair disputes, and clean split at closing. The title company distributes funds per the agreement. Both parties move on immediately.
(1) Both agree to sell or court orders it. (2) Choose method - cash is fastest. (3) Both sign the contract. (4) Agree on proceeds split via attorneys. (5) Close - proceeds distributed per agreement. (6) Update divorce decree. Tip: Have attorneys draft a stipulation regarding the sale before listing to prevent disputes at closing.
No, if both are on the deed. Both must sign. Court can force via partition action (FL 64.011).
Not necessarily. One spouse can buy out the other, or house can be awarded to one. But selling provides the cleanest financial break.
Removes conflict: no repair arguments, no showing schedules, one offer to accept, close in 7-14 days, and split proceeds cleanly.