A Florida divorce does not automatically force the sale of the marital house. In many Orlando divorce cases, one spouse keeps the home, the parties agree to sell it, or the court orders another arrangement based on equitable distribution, mortgage obligations, and the needs of any minor children.
At Bernal-Mora & Nickolaou, P.A., we represent clients in Florida divorce cases involving marital homes, home equity, refinancing disputes, and property division. Whether you want to keep the house, pursue a sale, or protect your share of the equity, we will help you understand your options and take the next step.
Why Work With Bernal-Mora & Nickolaou, P.A.?
Dividing the marital home can affect your finances, your children, and your future after divorce. We help Orlando clients address high-stakes property division issues with direct attorney involvement and focused family law representation.
Families work with our firm because:
- Both founding attorneys are Board Certified in Marital and Family Law by The Florida Bar
- Our practice is devoted exclusively to family law matters
- Both attorneys are personally involved in each case
- We are prepared to resolve issues through negotiation or litigation
- We bring more than two decades of combined experience to Central Florida divorce cases
- We are available 24/7 for urgent questions and concerns
We will help you evaluate your options and pursue a result that supports your long-term goals.
Can a Florida Court Order the Sale of the Marital Home?
Yes. A Florida court can order the sale of a marital home during divorce if the spouses cannot agree on what should happen to the property or if a sale is needed to divide the marital estate fairly.
Before ordering a sale, the court must determine whether the home is marital property. If the house was purchased during the marriage, it is generally part of the marital estate. If one spouse owned it before the marriage, the analysis may be more complicated.
A home that began as separate property may still have a marital component if marital funds were used to pay the mortgage, improve the property, or increase its value.
How Does Equitable Distribution Apply to the House?
Florida uses equitable distribution to divide marital assets and debts. Equitable means fair, not automatically equal.
When the marital home is involved, the court may consider each spouse’s financial circumstances, contributions to the marriage, child-related housing needs, and whether either spouse can afford to keep the home.
The house may be handled in several ways. One spouse may keep the home and buy out the other spouse’s share of the equity. The parties may sell the home and divide the proceeds. In some cases, one spouse may remain in the home temporarily before a later sale.
Can One Spouse Keep the House After Divorce?
Yes. One spouse can keep the marital home if the arrangement is financially realistic and legally workable.
Usually, this requires a plan for addressing the other spouse’s share of the equity. That may involve refinancing the mortgage, offsetting the home’s value with other marital assets, or structuring payments as part of the divorce settlement.
Keeping the home can become difficult if both spouses are on the mortgage. A divorce judgment can assign responsibility for the mortgage to one spouse, but it does not automatically remove the other spouse from the loan.
Does Having Children Affect Who Gets the Marital Home?
Children can affect how the marital home is handled in a Florida divorce. If one parent has the majority of timesharing, the court may allow that parent to remain in the home temporarily to reduce disruption to the children’s school, routines, and living arrangements.
This does not mean the other spouse loses their financial interest in the property. Instead, the sale may be delayed until a later date. The court will still consider whether the arrangement is affordable and fair.
What Happens if Both Spouses Want the House?
If both spouses want the marital home, the court will look at the full financial and family circumstances. The judge may consider who can afford the mortgage, whether either spouse can refinance, where the children will primarily live, and how the home fits into the overall property division.
If both parties want the home but neither can buy out the other or qualify for refinancing, selling the property may be the most practical solution.
Protect Your Rights in the Marital Home During Divorce
The marital home is often one of the most important assets in a Florida divorce. The decision to keep it, sell it, or delay a sale can affect your finances long after the divorce is final.
At Bernal-Mora & Nickolaou, P.A., we help Orlando clients resolve divorce property disputes involving homes, equity, mortgages, and related financial issues. Contact us today to discuss your situation and learn how we can help protect your interests.
FAQ
Is the house marital property if only one spouse is on the deed?
It may be. If the home was purchased during the marriage or marital funds were used for the mortgage, improvements, taxes, or insurance, the property may have a marital component.
Can your spouse sell the home during the divorce?
A spouse generally should not sell, transfer, refinance, or borrow against marital property during divorce without proper authority or agreement. The court may enter temporary orders restricting those actions while the case is pending.
Can a prenuptial agreement determine what happens to the house?
Yes. A valid prenuptial or postnuptial agreement may establish whether a home is separate property, how appreciation will be treated, or how the property will be divided in the event of divorce. The court will generally enforce these agreements unless there is a legal basis to challenge them.
Can I be forced to leave the marital home before the divorce is final?
Possibly, but usually only by agreement or court order. A court may grant one spouse temporary exclusive use of the home depending on the circumstances.
