For many couples, the house is the biggest asset and the hardest decision. Should one spouse keep it, or should you sell and split the proceeds? If you decide to sell, here is what usually matters.
Florida Basics
Florida uses equitable distribution, which means marital property is divided fairly (which often, but not always, means equally). If the home is marital property, both spouses usually have to agree to the sale and sign the closing documents, or the court may order a sale. Your settlement agreement or court order should spell out how the sale and proceeds are handled. Always follow it, and talk to your family law attorney before signing anything.
Common Challenges
- One spouse has already moved out, and both are still paying for the house.
- The house needs repairs neither person wants to pay for.
- You disagree on price, timing or which agent to use.
- You need certainty on a date to match your settlement or move.
- The house is behind on payments.
Options to Consider
- One spouse buys out the other, which usually requires refinancing.
- List with an agent, which can bring the most money if the house is in good shape and you have time and can cooperate on showings.
- Sell for cash as-is, which is often fastest and simplest: no repairs, no showings, one closing date.
How We Make It Easier
We give both parties the same written, no-obligation offer, usually within 72 hours. We can work with both attorneys and the title company, so proceeds are split at closing according to your agreement. You choose the closing date. In most cases we pay all costs and make all repairs post closing.
Call (352) 508-7373 or see selling a house during divorce.
General information only, not legal advice.