How to Sell a House During Divorce in Florida

Last Updated: May 27, 2025

Article By: Kim M.

Going through a divorce is one of life’s most challenging experiences, and deciding how to sell a house during divorce in Florida can add another layer of complexity to an already emotional time. The process involves not only legal and financial considerations but also deeply personal decisions that can feel overwhelming. We understand how difficult it is to navigate this situation, and we’re here to guide you with compassion, clarity, and practical solutions. Selling a home during a divorce in Florida requires careful planning, open communication, and an understanding of the state’s unique laws and real estate processes. This article will walk you through every step, offering empathetic advice and actionable strategies to help you move forward with confidence.

Divorce often means untangling shared assets, and the family home is frequently the most significant. Whether you’re wondering who gets the house in divorce in Florida or how to fairly divide the proceeds, this guide provides a roadmap to help you make informed decisions. From legal requirements to splitting equity and choosing the right real estate professional, we’ll cover it all with a focus on empowering you through this transition. Let’s explore the process together, ensuring you feel supported and equipped to handle this chapter with clarity and hope.

Understanding the Emotional and Legal Landscape

Divorce is more than a legal process—it’s an emotional journey that can feel like a rollercoaster. When it comes to selling a home in divorce in Florida, the stakes are high, as the home often represents both a financial asset and a place filled with memories. You may be grappling with questions like, “Can we agree on selling?” or “What happens if we can’t?” The emotional weight of these decisions can make it hard to think clearly, but you’re not alone. Taking a step-by-step approach can help you feel grounded and in control.

In Florida, the legal framework for dividing assets during a divorce follows the principle of equitable distribution. This means that marital property, including the family home, is divided fairly—but not necessarily equally—based on factors like each spouse’s financial contributions, the length of the marriage, and other circumstances. The court may decide who gets the house in divorce in Florida if you and your spouse cannot agree. However, selling the home and splitting the proceeds is often a practical solution to avoid prolonged disputes. Understanding this legal backdrop is crucial as you begin the process.

At Florida Offer, we’ve spent years helping families in Tampa, Sarasota, and St. Petersburg navigate the complexities of selling a home during difficult times like divorce. Our team has extensive experience in real estate transactions involving sensitive situations, and we pride ourselves on offering compassionate, knowledgeable support. Whether you’re looking to sell your house fast or need guidance on the legal process, we’re here to provide clarity and solutions tailored to your needs. Our goal is to make this process as smooth and stress-free as possible, allowing you to focus on moving forward.

Do Both Spouses Have to Agree to Sell the House in Florida?

One of the most common questions we hear is, Do both spouses have to agree to sell the house in Florida? The answer depends on your situation. If you and your spouse are on amicable terms, you may mutually decide to sell the home and split the proceeds. However, if one spouse is resistant, the process can become more complicated. In Florida, if the home is considered marital property (purchased during the marriage), both spouses typically have a claim to it, regardless of whose name is on the deed.

Pro Tip: Mediation Can Save Time and Stress

If you and your spouse are struggling to agree on selling the home, consider hiring a certified divorce mediator. Mediation can help you reach a fair agreement without the expense and emotional toll of court proceedings. It’s a proactive step toward a smoother resolution.

If you can’t reach an agreement, a court may intervene. A judge can order the sale of the home as part of the divorce settlement, especially if it’s determined to be the most equitable solution. This is where the question Can a spouse force the sale of a home in Florida? comes into play. The answer is yes, but it usually requires court involvement. For example, if one spouse wants to keep the home but cannot afford to buy out the spouse in divorce in Florida, the court may order the sale to ensure a fair division of assets.

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To avoid court intervention, open communication and mediation can be invaluable. Consider working with a divorce mediator or attorney who can help you and your spouse negotiate terms, including whether to sell and how to handle the proceeds. If you’re in a situation where one spouse is pushing to sell the house as is to avoid repairs or delays, companies like Florida Offer, which specialize in we buy houses services, can provide a quick and hassle-free solution. This approach can be especially helpful if you’re aiming to finalize the sale before the divorce is complete.

Dividing House Equity in Divorce in Florida

Once you’ve decided to sell, the next question is often how to divide house equity in divorce in Florida. Equity is the difference between your home’s current market value and any outstanding mortgage or liens. For example, if your home in Bradenton is worth $400,000 and you owe $150,000 on the mortgage, your equity is $250,000. Dividing this equity fairly is a key part of the divorce process.

Florida’s equitable distribution laws mean that the court will consider several factors when determining how to split the equity, including:

Contributions to the Marriage: This includes financial contributions (like mortgage payments) and non-financial contributions (like homemaking or child-rearing).
Length of the Marriage: Longer marriages may result in a more even split of assets.
Financial Circumstances: Each spouse’s income, debts, and future earning potential are considered.
Agreements Between Spouses: If you and your spouse agree on how to split the equity, the court is likely to honor that agreement.

To calculate your home’s equity, you’ll need a professional appraisal or a comparative market analysis (CMA) from a real estate agent for divorce sale in Florida. Once the home is sold, the proceeds (after paying off the mortgage and closing costs) are divided according to your agreement or court order. For example, if you choose to sell your home for cash to a company that buys houses, the process can be faster, allowing you to divide the proceeds quickly and move on.

If one spouse wants to keep the home, they may need to buy out the spouse in divorce in Florida. This involves paying the other spouse their share of the equity, either through a lump sum (often from refinancing the mortgage) or by offsetting it with other marital assets. For instance, if the equity is $250,000 and you agree to a 50/50 split, the spouse keeping the home would need to pay $125,000 to the other. This option requires careful financial planning, as refinancing can be challenging if one spouse’s income is limited.

Pro Tip: Get a Neutral Appraisal

To avoid disputes over the home’s value, hire a neutral third-party appraiser agreed upon by both spouses. This ensures a fair assessment of the property’s worth, making it easier to divide equity or negotiate a buyout.

The Legal Process to Sell a House in Divorce in Florida

The legal process to sell a house in divorce in Florida involves several steps, and understanding them can help you avoid pitfalls. Here’s a clear checklist to guide you through the process:

Consult a Divorce Attorney: A family law attorney can clarify your rights and obligations regarding the home. They can also draft a marital settlement agreement that outlines how the sale will proceed and how proceeds will be divided.
Determine Ownership Status: Confirm whether the home is marital property (purchased during the marriage) or separate property (owned by one spouse before the marriage or inherited). Most homes purchased during marriage are marital property, subject to equitable distribution.
Agree on Selling or Seek Court Approval: If both spouses agree to sell, you can proceed with listing the home. If not, one spouse may need to petition the court to order the sale.
Hire a Real Estate Professional: A real estate agent for divorce sale in Florida can help you navigate the market, set a competitive price, and manage the sale. Alternatively, if you need to sell the house fast, companies like Florida Offer, which specialize in cash offers on houses, can provide a quick solution.
Appraise the Home: Get a professional appraisal or CMA to determine the home’s market value. This ensures you and your spouse have a clear understanding of the equity.
Sell the Home: Whether you list the home on the open market or opt for a cash buyer for homes, complete the sale and pay off any outstanding mortgage or liens.
Divide the Proceeds: Follow your marital settlement agreement or court order to split profits from the home sale in divorce in Florida. Ensure all closing costs, taxes, and fees are accounted for.

According to the Florida Bar Association, equitable distribution in divorce cases ensures that marital assets are divided fairly, but the process can take time if disputes arise (Florida Bar, 2023). Working with experienced professionals, like those at Florida Offer, can streamline the process, especially if you’re aiming to sell the house before the divorce is final in Florida.

Selling the House Before the Divorce Is Final in Florida

You may be wondering if it’s possible to sell the house before the divorce is final in Florida. The answer is yes, but it requires cooperation and clear legal guidance. Selling before the divorce is finalized can simplify the process by reducing the assets that need to be divided later. However, both spouses must agree to the sale, or a court must approve it if you’re in litigation.

Here are some benefits of selling before the divorce is finalized:

Faster Resolution: Selling the home early can reduce financial ties between spouses, making the divorce process smoother.
Avoiding Maintenance Costs: If neither spouse wants to stay in the home, selling quickly can prevent ongoing expenses like mortgage payments, taxes, and upkeep.
Simplified Asset Division: Converting the home into cash makes it easier to divide the proceeds rather than negotiating over future equity.

If you’re in Sarasota and want to sell your house for fast cash, working with a company that buys houses can expedite the process. These companies often purchase homes as is, meaning you don’t need to invest in repairs or staging, which can be a relief during an emotionally taxing time. However, if you choose this route, ensure both spouses are on board and that the sale aligns with your divorce agreement.

Choosing the Right Real Estate Professional

Selecting the right professional to handle your home sale is critical. A real estate agent for divorce sale in Florida who specializes in divorce cases can make a significant difference. Look for an agent with experience in high-conflict sales, as they’ll be adept at handling sensitive situations and communicating with both parties. Alternatively, if speed is a priority, consider working with home investors or companies that offer cash for my home. These options can be ideal if you’re facing time constraints or want to avoid the traditional listing process.

Here are some tips for choosing a real estate professional:

Experience with Divorce Sales: Ask about their track record in handling divorce-related sales, as these transactions often require extra tact and coordination.
Local Market Knowledge: An agent familiar with markets like Tampa or St. Petersburg can accurately price your home and attract buyers.
Neutral Communication: Ensure the agent or company is willing to work with both spouses impartially to avoid favoritism or conflict.
Transparency: Choose a professional who provides clear information about fees, timelines, and the sales process.

At Florida Offer, we specialize in we buy homes services, offering cash offers on houses to help families in divorce situations move forward quickly. Our team understands the emotional and logistical challenges of selling during a divorce and is committed to providing a compassionate, efficient process.

Splitting Profits and Moving Forward

After the home is sold, the final step is to split profits from the home sale in divorce in Florida. This process should be guided by your marital settlement agreement or court order. Be sure to account for:

Closing Costs: These typically include real estate commissions (5-6% of the sale price), title fees, and taxes. According to Zillow, closing costs in Florida average around 2-5% of the home’s sale price (Zillow, 2024).
Outstanding Debts: Pay off the mortgage, home equity loans, or other liens before dividing the remaining proceeds.
Tax Implications: Consult a tax professional to understand potential capital gains taxes, especially if the home has appreciated significantly.

Once the proceeds are divided, you and your spouse can move forward with greater financial clarity. This step, while bittersweet, often marks the beginning of a new chapter. Whether you’re relocating to Clearwater or starting fresh elsewhere, selling the home can provide the resources and emotional closure needed to rebuild.

Final Thoughts on Selling Your Home During Divorce

Navigating how to sell a house during divorce in Florida is undoubtedly challenging, but with the right approach, it can also be an opportunity to create a fresh start. We know how overwhelming this process can feel, and we hope this guide has provided you with the clarity and confidence to move forward. By understanding the legal process, exploring options like selling your home for fast cash, and working with experienced professionals, you can achieve a fair and efficient resolution.

Whether you’re in Tampa, Sarasota, or St. Petersburg, Florida Offer is here to support you with compassionate, expert guidance. Our we buy houses services are designed to simplify the process, offering cash offers on houses to help you avoid delays and stress. You don’t have to navigate this alone—reach out to us, and let’s work together to find the best path forward for you and your future.

This article is based on expert real estate experience. For financial or legal advice, we recommend consulting with a licensed professional, such as a CPA, attorney, or government official, to ensure your decisions align with your specific circumstances.