Selling a house during a divorce in Florida combines two hard things: dividing your largest asset and making real estate decisions with someone you may no longer agree with. This guide explains how the marital home is treated under Florida law, the three common options (sell, buy out or delay), how the mortgage and taxes work, and how couples in Broward, Miami-Dade and Palm Beach sell quickly when both want a clean break.
Quick answer: In a Florida divorce, a home bought during the marriage is usually a marital asset that is divided under the state’s equitable distribution law. Couples can sell it and split the proceeds, let one spouse buy out the other, or keep it jointly for a period, often until the children finish school. Both spouses generally must sign to sell a homestead, and both stay liable on the mortgage until it is paid off or refinanced. If they cannot agree, the court decides.
How Florida Divides the Marital Home
Florida is an equitable distribution state. Under section 61.075 of the Florida Statutes, the court starts from an equal division of marital assets and debts unless there is a good reason to divide them differently. A house bought during the marriage is generally marital property, even if only one spouse is on the deed.
A home one spouse owned before the marriage usually starts as that spouse’s separate property. It can still gain a marital portion, for example when the mortgage was paid down with marital income or the home increased in value because of marital money or work. These questions are often where a family law attorney earns their fee.
The home is also usually the couple’s homestead, which adds a Florida-specific rule: a married owner generally cannot sell or mortgage the homestead without the other spouse joining in the deed, even if that spouse is not on the title.
Option 1: Sell the House and Split the Proceeds
For many couples, selling is the cleanest answer. The mortgage is paid off at closing, both spouses are released from the loan, and the remaining money is divided according to the settlement or the court’s order. The title company can hold the net proceeds in escrow or pay each spouse directly. Before you list, agree in writing on the asking price, who handles showings and repairs, who pays the mortgage until closing, and how the proceeds will be split.
Option 2: One Spouse Buys Out the Other
When one spouse wants to stay, usually for the children, a buyout can work. The couple agrees on a value through an appraisal, subtracts the mortgage balance to find the equity, and the staying spouse pays the other their share. In practice, that spouse must usually refinance the mortgage in their own name, both to pull out the cash and to remove the departing spouse from the loan. With today’s rates and Florida insurance costs, qualifying alone is often the hardest part.
Option 3: Keep the House for Now
A Florida court can award one spouse exclusive use and possession of the home for a period, often until the youngest child finishes school, with the house sold afterward. This gives children stability, but it ties both spouses to the property and the mortgage for years, and it simply postpones the sale decision.
| Option | Best when | Watch out for |
|---|---|---|
| Sell and split | Both want a clean break and neither can afford the house alone | Agreeing on price and who pays the bills until closing |
| Buyout | One spouse can refinance alone and wants to stay | A quitclaim deed alone does not end the other spouse’s loan liability |
| Deferred sale | Children need stability for a set period | Years of shared costs, repairs and decisions |
The Mortgage, Taxes and Other Money Questions
- The mortgage follows both borrowers. A divorce judgment does not change your loan contract. If the spouse who keeps the house misses payments, the other spouse’s credit can still suffer. Selling or refinancing is the only way to end the shared liability. If payments have already fallen behind, see our Florida foreclosure timeline.
- Capital gains. Each spouse who meets the ownership and use tests can generally exclude up to $250,000 of gain under federal law, or $500,000 on a qualifying joint return. Transfers between spouses as part of the divorce are generally not taxable events.
- Property taxes. If one spouse sells and buys a new home, Florida’s homestead portability may carry part of the old Save Our Homes savings to the new one. Our homestead portability guide explains how.
- HOA and condo costs. Unpaid association dues can become a lien that must be cleared at closing. See behind on HOA or condo fees.
Why Many Divorcing Couples Choose a Direct Sale
A traditional listing means repairs, staging, months of showings and a string of decisions two people must make together. A direct sale removes most of that friction: one firm offer, no repairs or cleanout, and a closing date chosen around the court schedule. That can be worth a great deal when communication is strained or one spouse has already moved out.
Property Solution Services LLC has purchased more than 900 homes in South Florida since 2016. We regularly work with divorcing couples and their attorneys, keep conversations professional and neutral, and can close in as little as 7 days once both spouses sign. We buy throughout Broward County, Miami-Dade County and Palm Beach County. To weigh the trade-offs, compare a cash buyer, an agent and an iBuyer or estimate your net proceeds.
Steps to Sell a House During a Divorce in Florida
- Talk with your family law attorney about whether the home is marital, separate or both.
- Get an objective value: an appraisal, an agent’s opinion or a written cash offer.
- Order a mortgage payoff and check for HOA balances, liens or unpaid taxes.
- Agree in writing, or through the court, on selling versus a buyout, the price and the split.
- Choose the sale method and a closing date that fits the divorce timeline.
- Close through a title company, with both spouses signing and the proceeds paid as agreed.
We buy houses as-is in Plantation, Pembroke Pines, Miramar, Davie, Tamarac, Lauderhill, Hollywood, Miami and Hialeah. For other difficult situations, see Sell Your House Fast in Any Situation.
This article is general information, not legal or tax advice. Divorce and property division depend on your facts, so speak with a Florida family law attorney or tax professional about your situation.
Frequently Asked Questions
Do both spouses have to agree to sell the house in a Florida divorce?
If both spouses are on the deed, both must sign. Even when only one spouse holds title, Florida’s constitution generally requires the other spouse to join in selling a homestead. If the spouses cannot agree, the divorce court can decide what happens to the house, including ordering it sold.
Is the house marital property if only one spouse is on the deed?
Possibly. Under Florida’s equitable distribution statute, a home bought during the marriage is usually a marital asset no matter whose name is on the title. A home owned before the marriage can still gain a marital portion if marital money paid down the mortgage or improved it.
Should we sell the house before or after the divorce is final?
Either can work. Selling before the final judgment turns the house into cash that is easy to divide and ends both spouses’ liability on the mortgage. Selling afterward means the settlement agreement must spell out who controls the sale, the price, and how the proceeds are split.
Does a quitclaim deed remove me from the mortgage?
No. A quitclaim deed transfers your ownership but does not release you from the loan. You remain responsible for the mortgage until it is paid off or the spouse keeping the house refinances it in their own name.
Will we owe capital gains tax when we sell the house in a divorce?
Many couples owe little or none. Federal law lets each spouse who meets the ownership and use tests exclude up to $250,000 of gain from a home sale, or $500,000 on a qualifying joint return. Transfers between spouses as part of a divorce are generally not taxable. Ask a tax professional about your situation.
How quickly can we sell a house during a divorce in South Florida?
A direct sale to a cash buyer can close in as little as 7 days once both spouses sign and title is clear. That speed helps couples who want to divide the proceeds and move on without months of showings.