Top 5 Ways to Sell a House During Divorce in Florida

Last Updated: May 27, 2025

Article By: Kim M.

Navigating a divorce is one of life’s most challenging experiences, and deciding what to do with the marital home can add significant emotional and financial stress. If you’re searching for the top 5 ways to sell a house during divorce in Florida, you’re likely seeking clarity and solutions to move forward. Selling a home during this time requires careful consideration of Florida marital property laws, equitable distribution, and the unique circumstances of your situation. We understand how overwhelming this process can feel, and this article is designed to guide you with compassion, offering practical steps, empathetic insights, and actionable advice to empower you through this transition.

Top 5 Ways to Sell a House During Divorce in Florida

Divorce often forces couples to make tough decisions about their shared assets, and the home is typically the most significant. Whether you’re wondering can one spouse keep the house in Florida or how to fairly divide home equity, the process can feel daunting. Fortunately, there are several paths to selling a house that can align with your needs, timeline, and emotional well-being. This article will explore five effective strategies, incorporating Florida divorce home ownership rules and tips to ensure a smooth process. With our expertise and understanding, we aim to provide you with a sense of direction and comfort as you navigate this difficult chapter.

Understanding Florida’s Marital Property Laws and Their Impact

Before diving into the top strategies for selling your home, it’s essential to understand Florida marital property laws and how they influence the division of assets. Florida follows the principle of equitable distribution in divorce, meaning that marital assets, including the home, are divided fairly but not necessarily equally. According to Florida Statutes Section 61.075, courts consider factors like each spouse’s financial contributions, the length of the marriage, and economic circumstances when determining who gets what.

The question of is the house considered marital property in Florida depends on when and how the home was acquired. If purchased during the marriage, it’s typically deemed marital property, regardless of whose name is on the deed. However, what happens to a house bought before marriage in Florida? If one spouse owned the home prior to marriage and kept it separate (e.g., no joint funds were used for mortgage payments), it may be considered non-marital property. However, if marital funds or efforts (like renovations) were used, it could become partially marital, complicating division.

At Florida Offer, we’ve spent years helping homeowners in Tampa, Sarasota, and Clearwater navigate these complexities. Our team specializes in real estate transactions during divorce, offering personalized solutions that respect rights to the marital home in Florida divorce. With extensive knowledge of property settlement agreements in Florida divorce, we guide clients through equitable distribution with empathy and expertise, ensuring they feel supported every step of the way.

Option 1: Sell the House Together and Split the Proceeds

One of the most straightforward ways to sell a house during divorce is for both spouses to agree to sell the home and divide the proceeds. This approach aligns with equitable distribution divorce Florida principles and can minimize conflict. By selling together, you can avoid disputes over how a judge decides who gets the house in Florida and take control of the outcome.

Steps to Sell Together:

Agree on the Sale: Both spouses must consent to sell, ideally outlined in a property settlement agreement Florida divorce. Mediation can help if disagreements arise.
Hire a Real Estate Agent: Choose a neutral agent experienced in divorce sales to ensure fairness. They’ll help price the home competitively based on market trends.
Prepare the Home: Decide whether to sell as is or make repairs. Selling as is can speed up the process, especially if time is critical.
Split the Proceeds: After closing, divide the profits based on your agreement or court-ordered equitable distribution. This often involves dividing home equity in Florida divorce.

This method works well when both parties are amicable and want a clean break. For example, a couple in Tampa we assisted agreed to sell their house fast through a traditional sale, splitting the proceeds 50/50 to fund new beginnings. However, it requires cooperation and may take 60-90 days, depending on the market.

Pro Tip: Consider a cash buyer for homes if you need to sell your home for cash quickly. Companies like Florida Offer, which specialize in we buy homes, can close in as little as 7 days, reducing stress during divorce.

Continued Below

Option 2: One Spouse Buys Out the Other’s Share

If one spouse wishes to keep the house, a buyout is an excellent solution. This involves one spouse paying the other for their share of the home’s equity, allowing them to retain Florida divorce home ownership. This option is ideal if you’re asking, Can one spouse keep the house in Florida, but it requires financial resources and agreement on the home’s value.

How a Buyout Works:

Appraise the Home: Hire a professional appraiser to determine the current market value. This ensures a fair calculation of equity.
Calculate Equity: Subtract any outstanding mortgage balance from the home’s value. For instance, if the home is worth $400,000 with a $200,000 mortgage, the equity is $200,000.
Negotiate the Buyout: The spouse keeping the home pays the other half of their share (e.g., $100,000 for 50% equity), adjusted for other settlement terms.
Refinance the Mortgage: The remaining spouse typically refinances to remove the other’s name from the loan, ensuring sole ownership.

Buyouts are common in Florida, especially when children are involved, as staying in the marital home can provide continuity. A Sarasota couple we worked with chose this path, with the wife buying out her spouse’s share to maintain stability for their kids. Be aware that rights to the marital home during Florida divorce may influence negotiations, and legal advice is crucial to protect both parties.

Couple discussing home sale during divorce

Option 3: Sell to a Cash Home Buyer for Speed and Simplicity

For those needing to sell their house for fast cash, selling to a cash buyer for homes is a compelling option. Companies buying houses for cash, like Florida Offer, offer a quick, hassle-free sale without repairs or commissions. This is perfect for couples who want to avoid a drawn-out market sale or can’t agree on prep work.

Benefits of a Cash Sale:

Speed: Close in 7-14 days, ideal for urgent divorce timelines.
No Repairs: Sell as is, avoiding disputes over home condition.
No Fees: Avoid agent commissions and closing costs.
Certainty: Cash offers eliminate financing risks.

We recently helped a couple in Clearwater sell their home for cash after a contentious divorce, closing in 10 days to allow them to move forward separately. This method aligns with equitable distribution as proceeds are split per agreement, but it may yield a lower price than a traditional sale. If you need to sell house fast, this is a stress-free solution.

Pro Tip: Before accepting a cash offer on house, compare multiple offers from home investors to ensure you’re getting a fair deal. Florida Offer provides competitive quotes tailored to divorce situations.

Option 4: Let the Court Decide the Home’s Fate

If agreement is impossible, the court may decide how a judge decides who gets the house in Florida. This typically happens when spouses can’t reach a property settlement agreement Florida divorce. The judge will consider factors like income, child custody, and contributions to the home (e.g., mortgage payments or renovations) under Florida’s marital property laws.

What to Expect:

Court Evaluation: The court may order an appraisal or sale to determine equity.
Forced Sale: If neither spouse can afford to keep the home, the court may order it to be sold, with proceeds divided.
Delays and Costs: Court proceedings can take months and involve significant legal fees.

This option is often emotionally taxing and less desirable. A couple in Brandon we worked with regretted letting the court decide, as it prolonged their stress. We encourage exploring other options first, as court decisions may not align with your preferences.

Option 5: Temporarily Co-Own the Home

In some cases, couples choose to delay selling and co-own the home temporarily, especially if children are involved. This allows one spouse to remain in the home while both share ownership costs until a later sale. This option requires clear agreements and trust.

How to Co-Own:

Draft an Agreement: Outline responsibilities (e.g., mortgage, taxes, maintenance) in a property settlement agreement Florida divorce.
Set a Timeline: Agree on when to sell (e.g., when kids graduate).
Plan for Equity: Decide how to divide equity when the home sells.

This worked for a family in Clearwater who co-owned for three years to maintain stability for their teens. However, it requires ongoing cooperation and may delay closure.

Emotional and Practical Considerations

Selling a home during divorce isn’t just about finances—it’s deeply emotional. We know how it feels to let go of a space filled with memories, and we’re here to support you. Here are tips to ease the process:

Seek Support: Lean on friends, family, or a therapist to process emotions.
Communicate Clearly: Open dialogue with your spouse reduces conflict.
Prioritize Kids: If children are involved, consider their stability in decisions.
Consult Professionals: A divorce attorney and real estate expert ensure fair outcomes.

According to a 2023 study by the Florida Bar Association, couples who plan their home sale early in divorce proceedings report lower stress and better financial outcomes (Florida Bar Journal, 2023). Working with experts like Florida Offer can streamline the process, whether you sell fast house or pursue a traditional sale.

Final Thoughts: Empowering Your Next Steps

Deciding how to sell your house during divorce in Florida is a significant step toward closure and new beginnings. Whether you choose to sell together, pursue a buyout, opt for a cash offer on house, let the court decide, or co-own temporarily, each path offers a way forward. By understanding Florida marital property laws, equitable distribution divorce Florida, and your rights to the marital home in Florida divorce, you can make informed choices that align with your goals.

At Florida Offer, we’re committed to helping you through this transition with compassion and expertise. Serving areas like Tampa, Sarasota, and Clearwater, we’ve guided countless homeowners to sell their home for cash or navigate traditional sales during divorce. We’re here to provide solutions tailored to your needs, ensuring you feel empowered and supported.

Take a deep breath—you’re not alone in this. With the right strategy and support, you can close this chapter and step confidently into the future.

This article is based on expert real estate experience and insights into Florida’s divorce and property laws. For personalized financial or legal advice, we recommend consulting a licensed professional, such as a CPA, attorney, or government official, to ensure decisions align with your specific circumstances.