Who gets the house in a divorce in Florida?

Dividing assets in a Florida divorce can be complex, especially when it comes to the marital home. Many spouses wonder whether they will be able to keep the house or if they will have to sell it as part of the divorce settlement. 

Florida follows the principle of equitable distribution, which means that assets are divided fairly—but not necessarily equally—between the spouses. Various legal and financial factors will determine who ultimately gets the house. An experienced Florida divorce attorney can strongly represent you in property division negotiations to ensure your financial interests are fully protected. 

Marital vs. Non-Marital Property in Florida

Before the court can determine who gets the house, it must establish whether the home is considered marital property or non-marital (separate) property:

• Marital Property: Assets acquired during the marriage, including a home purchased jointly or with marital funds
• Non-Marital Property: Property acquired before marriage or received as a gift or inheritance (unless co-mingled with marital assets)

If the home was purchased before the marriage by one spouse’s separate property but later used as a primary residence for the family, or if marital funds were used to pay the mortgage or make improvements, the house may become partially marital property.

Factors Influencing Who Gets the House

Florida courts take several factors into account when determining house division, including:

• Each Spouse’s Contribution: This includes financial contributions such as mortgage payments, as well as non-financial contributions, such as home maintenance and raising children.
• Economic Circumstances: The court evaluates each spouse’s financial stability and ability to afford the house after divorce.
• Custody Arrangements: If children are involved, courts often prioritize keeping the primary custodial parent in the family home to minimize disruption.
• Agreements Between Spouses: If a prenuptial or postnuptial agreement specifies property division terms, courts generally uphold these agreements.
• Dissipation of Assets: If one spouse wasted or misused marital funds, this could impact property division decisions.
• Desirability of Keeping the Home: Sometimes, neither spouse can afford to keep the home, making selling the best option.

Common Outcomes in House Division

Selling the Marital Home

In many cases, the court may order the home to be sold and the proceeds divided equitably between the spouses. This usually happens when:

• Neither spouse can afford to keep the house
• There are no children or custody concerns
• The home is too financially burdensome for one party

One Spouse Buying Out the Other

Another common resolution is for one spouse to buy out the other’s share of the home. This requires the purchasing spouse to:

• Refinance the mortgage in their name
• Pay the other spouse a lump sum equivalent to their share of the home’s value
• Offset the home’s value with other marital assets, such as retirement accounts or vehicles

One Spouse Keeping the Home

In some situations, a court may award the house to one spouse. This is more likely when:

• One spouse has sole or primary custody of minor children and needs to maintain stability for them
• The house is a non-marital asset belonging solely to one spouse
• One spouse is in a better financial position to maintain the home

Legal Factors in Property Division

The Role of Prenuptial Agreements

A prenuptial agreement can impact property division, especially if it specifies that the house is separate property. If the couple signed a valid prenup stating that one spouse would keep the house, courts typically enforce the agreement unless there’s evidence of fraud or coercion.

Assessing the Contribution to Marital Property

If one spouse made significant financial or non-financial contributions to the home—such as paying the mortgage, making renovations, or maintaining the property—the court may weigh these contributions when determining property division.

Impact of Children and Custody Arrangements on Property Division

Florida courts prioritize the best interests of the child when making property division decisions. If one parent is awarded primary child custody, they may be allowed to remain in the home, especially if moving would disrupt the child’s education or well-being.

Mortgage Responsibility and Debt Considerations

If one spouse keeps the home, they must also take over the mortgage. If both spouses’ names are on the loan, the remaining spouse may need to refinance to remove the other spouse’s name. The court also considers any remaining debts and obligations tied to the home.

Steps Our Florida Divorce Lawyers Will Take to Protect Your Interests in a Property Division 

Evaluation of Marital and Non-Marital Property

One of the first steps our experienced Florida divorce attorneys at Veliz Katz Law take is distinguishing between marital and non-marital property. Florida follows equitable distribution laws, which means assets are divided fairly, not necessarily equally. To ensure a just outcome, we will:

• Gather financial records: We obtain deeds, bank statements, tax returns, business documents, and investment portfolios.
• Review prenuptial and postnuptial agreements: If an agreement exists, we assess its validity and enforceability.
• Assess separate property claims: We compile evidence like inheritance records, prior ownership documents, and transaction histories to demonstrate a spouse’s separate property rights.

Identifying Hidden Assets in High Net Worth Divorces

In high-net-worth divorces, there’s an increased risk of one spouse attempting to conceal property to avoid fair division. Our legal team takes proactive steps to uncover any hidden assets before or during the divorce process, including:

• Forensic Accounting: We will work with forensic accountants or a certified divorce financial analyst to track financial discrepancies, offshore accounts, or complex investment structures.
• Tax Return Analysis: Reviewing past tax filings helps identify undisclosed income, business revenue, and real estate holdings or other assets.
• Digital Asset Tracing: Cryptocurrency, online accounts, and digital investments are closely examined.
• Lifestyle Audits: A spouse’s spending habits may reveal undisclosed assets.

Strategic Negotiations to Secure Favorable Terms

At Veliz Katz Law, we aim to negotiate a fair property division that aligns with your long-term financial well-being. Our approach includes:

• Advocating for your best interests: We leverage legal skills and financial data to argue for a distribution that reflects your contributions and future needs.
• Considering buyout options: If you wish to retain ownership of certain assets, we explore ways to offset the value with other properties.
• Minimizing tax burdens: Our skilled divorce attorney will analyze the tax implications of asset and personal property division to ensure a financially sound resolution.
• Ensuring compliance with Florida law: Our attorneys ensure all agreements adhere to Florida’s equitable distribution guidelines and legal precedents and that all financial obligations are properly met.

Trial Readiness If Negotiations Fail

While we strive to settle property disputes amicably, we’re fully prepared to take your case to court if necessary. Should negotiations fail, we will:

• Present clear, compelling evidence to the judge regarding asset classification and fair distribution
• Call on expert witnesses such as financial analysts and appraisers to support your claims
• Challenge attempts to conceal assets or undervalue property through aggressive legal advocacy

By proactively preparing for litigation, we strengthen your position and increase the likelihood of securing a favorable ruling.

Choose Our Trusted and Proven Florida Divorce Lawyers

At Veliz Katz Law, our Florida divorce attorneys protect your financial future through comprehensive property division strategies. Whether negotiating a fair settlement or litigating to ensure you receive your rightful share, we advocate aggressively on your behalf. Reach out to us today to discuss how we can safeguard your assets during divorce proceedings. To schedule your free consultation, call us at 407-634-1835 or contact us online.