Selling Your House During a Divorce in Florida
Deciding what to do with the family home is often the most contentious part of a Florida divorce. Understanding your options can reduce conflict and help both parties move forward.
Florida Is an Equitable Distribution State
Florida divides marital assets equitably — not necessarily equally — in a divorce. The marital home is typically considered a marital asset regardless of whose name is on the deed, provided it was purchased during the marriage. A judge may order the home to be sold and proceeds divided, allow one spouse to buy out the other, or in some cases allow one spouse to remain in the home temporarily.
Your Three Main Options for the Marital Home
First, both spouses can agree to sell the home and divide the proceeds. This is often the cleanest resolution and avoids ongoing co-ownership after divorce. Second, one spouse can buy out the other by refinancing the mortgage into their name alone and paying the departing spouse their share of the equity. Third, both parties can continue co-owning the home temporarily — for example, until children finish school — before selling. This requires cooperation and a clear written agreement.
What If One Spouse Refuses to Sell?
If one spouse refuses to cooperate with the sale of the marital home, a Florida court can order a partition sale. This means the court compels the home to be sold regardless of one party's objection. The process takes time, so it is almost always better to reach an agreement out of court. Working with a neutral, experienced real estate broker can help facilitate a sale that both parties feel is fair.
Cash Offer vs. Traditional Listing During Divorce
During a difficult divorce, speed and simplicity often matter more than squeezing every dollar from the sale. A cash offer closes in 7–21 days with no repairs, no showings, and no open houses — giving both parties a clean break quickly. If both spouses can cooperate on a traditional listing, it may generate a higher sale price but takes more time and coordination. DuPont LLC will show both options side by side so both parties can make an informed decision.
Tax Considerations When Selling During Divorce
Married couples filing jointly can exclude up to $500,000 in capital gains from the sale of a primary residence. During divorce, timing the sale carefully can preserve this exclusion. If the sale closes after the divorce is finalized and you are filing as single, the exclusion drops to $250,000. Consult a tax professional before finalizing the sale date.
Working With a Neutral Real Estate Broker
In a divorce sale, it helps to work with a broker both parties trust to be neutral and professional. Sylvain DuPont has extensive experience handling divorce home sales in Southwest Florida. He communicates clearly with both parties, provides transparent pricing, and works to close the sale as efficiently as possible so both spouses can move forward. Call (941) 888-4371 for a free, no-pressure consultation.
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About the Author
Sylvain DuPont, Licensed Real Estate Broker #BK3065372, is a Short Sale Specialist, Foreclosure Expert, and Certified Distressed Property Expert with 22+ years serving Southwest Florida homeowners.