Selling a Jointly Owned Home During Divorce in Florida

Last Updated: May 27, 2025

Article By: Jared A.

Navigating the process of selling a jointly owned home during divorce in Florida can feel overwhelming, especially during an emotionally challenging time. Divorce is a significant life transition, and deciding what to do with a shared home often adds complexity to an already difficult situation. We understand how stressful this can be, and our goal is to guide you with compassion, clarity, and practical solutions. This article will walk you through the legal, financial, and emotional aspects of selling a house with an ex-spouse, offering actionable steps to help you move forward with confidence.

Whether you’re wondering if both owners must agree, how to divide proceeds, or if a court can force a sale, we’ll address these concerns with empathy, empowering you with the knowledge to make informed decisions. Let’s dive into the process, explore your options, and provide a roadmap to help you through this challenging chapter.

Understanding the Challenges of Selling a Jointly Owned Home

Divorce often brings uncertainty about shared assets, and the family home is typically one of the most significant. Selling a house with an ex-spouse in Florida requires cooperation, clear communication, and an understanding of state laws. The emotional weight of letting go of a home filled with memories can make the process feel daunting, but you’re not alone. Many couples face this situation, and with the right approach, you can achieve a fair and efficient outcome.

At Florida Offer, we’ve spent years helping homeowners in Tampa, Sarasota, and beyond navigate complex real estate challenges, including those tied to divorce. Our team has extensive experience working with couples selling jointly owned homes, offering tailored solutions like cash offers to simplify the process. We know how it feels to deal with the stress of a divorce, and we’re here to provide support, whether you need a fast sale or guidance on legal steps. Our expertise in Florida’s real estate market ensures you have a trusted partner to help you move forward.

Key Considerations When Selling a Jointly Owned Home in Florida

Before diving into the logistics of how to sell a house with an ex-spouse in Florida, it’s essential to understand the legal and financial factors at play. Here are the most critical considerations to keep in mind:

Ownership Structure: In Florida, most jointly owned homes are held as tenancy by the entirety for married couples or tenancy in common after a divorce. Tenancy by the entirety requires both spouses to agree to sell, while tenancy in common allows one owner to sell their share independently, though this is rare during divorce proceedings.
Agreement Between Spouses: A common question is, Do both owners have to agree to sell a house in Florida? In most cases, yes, especially if the home is still held as tenancy by the entirety. If one spouse refuses to sell, the court may intervene, which we’ll discuss later.
Dividing Proceeds: Splitting the proceeds from a home sale during divorce in Florida depends on the divorce agreement, the home’s equity, and any outstanding mortgage or liens. Florida is an equitable distribution state, meaning assets are divided fairly but not necessarily equally.
Timing of the Sale: Deciding whether to sell before or after the divorce is finalized impacts taxes, legal responsibilities, and financial outcomes. Selling a house before divorce is finalized in Florida may simplify the process but requires mutual agreement.
Court Involvement: If spouses can’t agree, you may wonder, Can a court force the sale of a jointly owned home in Florida? Yes, a judge can order a partition sale if one spouse petitions the court, though this is typically a last resort.

Understanding these factors sets the foundation for a smoother process. Let’s explore each in more detail to help you feel empowered and prepared.

Pro Tip: Communicate Early and Clearly
To avoid delays, discuss your intentions with your ex-spouse as soon as possible. Even if emotions are high, setting ground rules for communication can prevent misunderstandings and streamline the sale process.

Continued Below

Step-by-Step Guide to Selling a Jointly Owned Home in Florida

Selling a home during a divorce requires careful planning and coordination. Below is a comprehensive guide outlining the legal steps to sell a jointly owned house in Florida, designed to help you navigate the process with ease:

Step 1: Reach a Mutual Agreement

The first step is to determine whether both spouses are willing to sell. If you’re asking, Do both owners have to agree to sell a house in Florida?, the answer depends on your ownership structure. For homes held as tenancy by the entirety, both spouses must consent. If one spouse is reluctant, consider mediation to reach a joint property sale agreement in Florida. Mediation is a cost-effective way to avoid court intervention and can help you draft a fair agreement.

Step 2: Consult Your Divorce Attorney

Your attorney plays a critical role in ensuring the sale aligns with your divorce settlement. They can clarify what happens to the house title in divorce in Florida and help negotiate terms for dividing proceeds from home sale during divorce in Florida. According to the Florida Statutes, Chapter 61, courts prioritize equitable distribution, so your attorney can advocate for a fair split of the home’s equity.

Step 3: Assess the Home’s Value

To determine how to split equity in joint home Florida, you’ll need a professional appraisal or comparative market analysis (CMA). This establishes the home’s market value and equity (the portion you own after subtracting debts like the mortgage). If one spouse wants to keep the home, they may “buy out” the other’s share based on this value. For a fast sale, consider contacting a company that buys houses, like Florida Offer, which offers cash for my home to expedite the process.

Step 4: Decide Who Handles the Home Sale in Florida

Determining who handles the home sale in divorce in Florida is crucial. Typically, both spouses share responsibilities, but you can delegate tasks to a neutral third party, like a real estate agent or attorney, to minimize conflict. If you’re in a hurry, companies like ours that offer to sell my house fast in Bradenton or Tampa can simplify the process by handling paperwork and closing quickly.

Step 5: Prepare the Home for Sale

Whether you choose a traditional sale or a sell house as is option, preparing the home is key. This might mean minor repairs, decluttering, or staging. If time or finances are tight, consider we buy houses services that purchase homes in any condition, saving you the hassle of repairs.

Step 6: Finalize the Sale and Close

Once you accept an offer, you’ll sign a purchase agreement, complete inspections, and finalize closing documents. The proceeds will be divided according to your divorce agreement or court order. If selling before the divorce is finalized in Florida, ensure your attorney reviews the closing documents to protect your interests.

Pro Tip: Consider a Cash Sale for Speed
If you need to sell my house for fast cash or want to avoid a lengthy sale process, explore cash buyers for homes like Florida Offer. Cash sales can close in as little as 7-14 days, reducing stress and uncertainty during a divorce.

What If You Can’t Agree on the Sale?

Disagreements are common during divorce, and the home often becomes a point of contention. If you’re wondering, Can a court force the sale of a jointly owned home in Florida?, the answer is yes, but it’s not the ideal path. Here’s what you need to know:

Partition Action: If one spouse wants to sell and the other refuses, they can file a partition action in court. The court may order a sale and split the proceeds, but this process is costly and slow, often taking months. Mediation or negotiation is usually faster and less adversarial.
Buyout Option: If one spouse wants to keep the home, they can buy out the other’s share. This requires refinancing the mortgage in their name alone, which can be challenging if their income doesn’t qualify.
Court’s Discretion: Florida courts aim for equitable distribution, so the judge will consider factors like financial contributions, marital debts, and each spouse’s needs when deciding how to handle the home.

To avoid court, consider working with home investors or companies offering cash offers on houses. These options can provide a quick resolution, allowing both parties to move on without prolonged disputes.

Dividing Proceeds and Handling the Title

One of the most pressing questions is how to split equity in a joint home in Florida. Equity is calculated by subtracting any outstanding mortgage or liens from the home’s market value. For example, if your home is worth $400,000 and you owe $150,000 on the mortgage, your equity is $250,000. Splitting this equitably depends on your divorce agreement.

What happens to the house title in divorce in Florida? If you sell the home, the title transfers to the new buyer at closing, and both spouses are released from the mortgage (assuming it’s paid off). If one spouse keeps the home, they must refinance the mortgage in their name alone and transfer the title via a quitclaim deed. Your attorney will ensure the title transfer is handled correctly to avoid future disputes.

Data Reference: According to the National Association of Realtors (NAR), the median home sale price in Florida was $412,300 in 2024, highlighting the significant financial stakes involved in dividing home equity during a divorce (NAR, 2024).

Emotional and Practical Tips for a Smooth Sale

Selling a home during a divorce isn’t just a financial transaction—it’s an emotional journey. Here are practical tips to help you stay grounded:

Set Clear Boundaries: Agree on how you’ll communicate about the sale (e.g., through attorneys or a mediator) to reduce conflict.
Prioritize Self-Care: Divorce is draining, so take time for yourself. Lean on friends, family, or a therapist for support.
Work with Professionals: A real estate agent experienced in divorce sales or a company like Florida Offer that offers we buy homes services can ease the burden.
Focus on the Future: Letting go of the home is hard, but it’s also a step toward a new chapter. Visualize your next home or lifestyle to stay motivated.

If you’re in Sarasota, Tampa, or another area we serve, Florida Offer can provide a cash offer on your house, allowing you to sell your house fast and focus on healing.

Moving Forward with Confidence

Selling a jointly owned home during divorce in Florida is a complex process, but with the right knowledge and support, you can navigate it successfully. Whether you’re dividing proceeds, negotiating a sale agreement, or wondering if a court can force a sale, this guide has provided a clear path forward. We know how challenging this time is, and we’re here to help you every step of the way.

At Florida Offer, we specialize in helping homeowners sell their homes for cash, offering a stress-free alternative to traditional sales. If you’re ready to move on, contact us for a no-obligation cash offer in Tampa, Sarasota, or Bradenton. You deserve a fresh start, and we’re committed to making the process as smooth as possible.

References:
- Florida Statutes, Chapter 61: Dissolution of Marriage; Support; Time-sharing.
- National Association of Realtors (NAR). (2024). Housing Market Statistics.

This article is based on expert real estate experience and insights from Florida Offer’s team. For personalized 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 unique circumstances.