Florida Divorce With a House — What Happens to Your Home (2026)

The family home is often the most valuable and emotionally significant asset in a Florida divorce. Here's how Florida handles it and what your options are.

Is Your Home Marital Property in Florida?

Florida is an equitable distribution state. If you purchased the home during the marriage, it is marital property subject to division.

Separate property (generally not divided):

  • Owned before the marriage
  • Inherited during the marriage
  • Gift to one spouse specifically
  • Excluded by a prenuptial agreement

Watch for commingling: If you owned a home before marriage but paid the mortgage with marital income during the marriage, your spouse may have acquired a marital interest in the equity built up during the marriage.

Florida Homestead — Important Protection

Florida's homestead laws are among the strongest in the country. The Florida homestead exemption can protect a primary residence from forced sale by creditors. In a divorce context, this matters most when:

  • There is significant debt
  • One spouse wants to force a sale the other opposes
  • Children are involved (courts may delay sale to maintain stability)

Florida also limits property tax increases on homestead property — make sure the keeping spouse applies for the homestead exemption with the county property appraiser after the transfer.

Your Three Main Options

Option 1 — One Spouse Keeps the Home

The keeping spouse refinances the mortgage in their name alone and buys out the other's marital interest.

Buyout calculation:

  • Get an appraisal or agree on current market value
  • Subtract the mortgage balance
  • The remaining equity is split equitably (usually 50/50 unless you agree otherwise)
  • The keeping spouse pays the other their share

Refinancing requirement: Until refinanced, both spouses remain on the mortgage. Set a firm deadline in your MSA (typically 60–180 days after the divorce is final).

Deed transfer: After refinancing, the leaving spouse signs a Quit Claim Deed transferring their interest. Must be notarized and recorded with the county Clerk of Courts. Recording fee: approximately $10–$20.

Option 2 — Sell and Split

Both spouses agree to sell. Net proceeds (after mortgage, agent commissions, and closing costs) are divided per your MSA.

Address in your MSA:

  • Split percentage
  • Timeline for listing (e.g., within 60 days of divorce)
  • How the real estate agent is selected
  • Minimum acceptable sale price
  • Who pays mortgage and carrying costs until sale closes
  • Whether occupying spouse pays "use and occupancy" to the other

Option 3 — Deferred Sale

One spouse stays in the home temporarily before it's eventually sold. Most common when children are involved and stability matters.

Florida courts can order a deferred sale when it serves the children's best interest. This keeps both spouses financially connected — be very specific in your MSA about every scenario.

Sample MSA Language

For keeping (one spouse): "The marital residence located at [address] with legal description [legal description] is awarded to [Spouse A]. [Spouse B] shall execute a Quit Claim Deed within 30 days of refinancing being completed. [Spouse A] shall refinance the mortgage currently in both parties' names within 120 days of the date of this Final Judgment. Until refinancing is complete, [Spouse A] shall make all mortgage payments and indemnify [Spouse B] from any liability."

For selling: "The marital residence located at [address] shall be listed for sale within 60 days of the Final Judgment. Net proceeds after payoff of the mortgage, real estate agent commissions not to exceed 6%, and customary closing costs shall be divided equally between the parties."

FAQ

What if my spouse refuses to sign the Quit Claim Deed? Florida courts can hold non-complying parties in contempt and can appoint a special master to sign on their behalf.

What about property taxes? Florida's homestead exemption must be re-applied for after a property transfer. The keeping spouse should contact the county property appraiser promptly. Transfers between divorcing spouses may qualify for exemptions from documentary stamp tax — consult the county recorder.

What if we have a second mortgage or HELOC? Both liens must be addressed in your MSA. The keeping spouse should also refinance or satisfy any second mortgages, as these affect the leaving spouse's credit until resolved.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.