Who Gets the House in a Florida Divorce?

The House Is Divided Under Equitable Distribution

Florida Statute §61.075 governs how property is divided in a divorce. The court first separates marital assets (acquired during the marriage) from non-marital assets (owned before the marriage, or received individually by gift or inheritance). Marital assets, including a home bought during the marriage regardless of whose name is on the deed, are then divided starting from the premise that the split should be equal.

A judge can order an unequal distribution, but only based on the statute’s factors: each spouse’s contribution to the marriage (including as homemaker or parent), the length of the marriage, each spouse’s economic circumstances, interruption of careers or education, and whether either spouse intentionally wasted marital assets, among others.

Three Common Outcomes

1. Sell the house and split the proceeds. A common result when neither spouse can afford the home alone. The mortgage and sale costs are paid off, and the remaining equity is divided per the equitable distribution order.

2. One spouse buys out the other. The spouse keeping the home refinances the mortgage into their own name and pays the other spouse their share of the equity, either in cash or or by offsetting other marital assets such as retirement accounts.

3. A parent keeps the home temporarily for the children. Section 61.075(1)(h) lets a court consider keeping the marital home as a residence for a dependent child when it is equitable, in the child’s best interest, and financially feasible for the parties to maintain the residence until the child is emancipated or a court otherwise ends exclusive possession. In practice that is usually the parent the children mainly live with. The house is often sold and the equity split when that period ends.

What If One Spouse Owned the House Before the Marriage?

A home owned before the marriage starts as non-marital property, and its owner generally keeps it. But it may not stay entirely separate. If marital funds paid down the mortgage or paid for improvements, the other spouse can acquire an interest in that marital portion, including a share of the home’s appreciation during the marriage attributable to those payments (Section 61.075(6)(a)1.b). Retitling the home with your spouse as tenants by the entireties can make the entire home presumptively marital (Section 61.075(6)(a)2). These “hybrid” homes are frequently disputed in Florida property division, and documentation matters.

Does It Matter Whose Name Is on the Deed or Mortgage?

For classification purposes, no. Under Section 61.075(8), a house purchased during the marriage is presumed marital even if titled in one spouse’s name only. The mortgage is a separate problem: a divorce decree does not remove either spouse from liability to the lender. If your spouse keeps the house, insist on a refinance deadline in the settlement so your name comes off the loan.

Who Gets the House in a Miami-Dade Divorce?

Miami-Dade divorces are handled by the family division of the Eleventh Judicial Circuit, and the marital home is often the largest asset in the case, so a buyout may call for careful valuation by a local appraiser. Courts may refer contested family cases to mediation before trial, and the house is often resolved there rather than by a judge. Arturo R. Alfonso P.A. has handled divorce and property division matters for Miami families in English and Spanish for 30 years, from Brickell to Kendall to Cutler Bay. Bring your deed, mortgage statement, and purchase records to a consultation, and we can walk through what may happen to your home.

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