Dividing property in a divorce can be one of the most challenging parts of the process, especially when it comes to the family home. For many, the house is more than just an asset—it’s a place filled with memories, stability, and financial investment. Florida law takes a fair approach to dividing property, but that doesn’t always mean a 50/50 split. Who gets to keep the home depends on several factors, including whether it’s considered marital property, each spouse’s financial situation, and the best interests of any children. Understanding how the court makes these decisions can help you plan your next steps.
Understanding Florida’s Property Division Laws
Florida follows equitable distribution laws, meaning that marital property is divided fairly rather than split exactly in half. The first step in deciding who gets the house is determining whether it is marital or separate property.
- Marital property includes assets acquired during the marriage, regardless of whose name is on the title. If the home was purchased after the wedding or paid for with shared funds, it is likely subject to division.
- Separate property generally includes assets owned before marriage, as well as inheritances or gifts given solely to one spouse. However, if a spouse used shared money for mortgage payments, renovations, or maintenance, even separate property can become subject to division.
Even if one spouse’s name is on the deed, the home may still be treated as marital property if both spouses contributed to it financially or lived there as a family. The court will assess these details before deciding how to divide the property. Because Florida law focuses on fairness, the division of assets may not always result in an equal split. Factors such as income, contributions to the marriage, and financial needs all play a role.
Who Gets the House? Key Factors Courts Consider
Florida courts don’t automatically award the house to one spouse. Instead, judges look at a range of factors to determine what’s fair. While each case is different, some of the most important considerations include:
- Financial situations – The court evaluates each spouse’s income, assets, and ability to afford the mortgage, taxes, and upkeep. If one spouse can afford the home while the other cannot, that may influence the decision.
- Primary caregiver of children – If children live in the home, the parent with primary custody may have a stronger case for keeping it. Stability is an important factor, and courts often prioritize keeping children in a familiar environment.
- Contributions to the home – Financial contributions matter, but so do unpaid efforts like maintaining the house, making improvements, or supporting the family while the other spouse worked.
- Debt and mortgage responsibility – If one spouse is in a better position to continue paying the mortgage or has assumed more of the debt, that could affect the outcome.
- Buyout ability – One spouse may be able to buy out the other’s share of the home or exchange other assets, such as retirement funds, to keep the house.
Since no two divorces are the same, courts consider these factors together to reach a fair decision.
Options for Dividing the Home
When a couple divorces, there are several ways to handle the family home. The best option depends on financial circumstances, legal considerations, and personal preferences.
- One spouse keeps the home – If one spouse wants to keep the house, they may need to buy out the other’s share or trade other assets of equal value, such as retirement funds or investment accounts. The spouse keeping the home will usually need to refinance the mortgage to remove the other’s name.
- Sell the home and split the proceeds – Many couples choose to sell the house and divide the profits. This can be the simplest solution if neither spouse can afford the mortgage or upkeep alone.
- Co-ownership after divorce – In rare cases, former spouses agree to keep the home together, often until children finish school. This arrangement requires clear agreements about expenses, upkeep, and when the house will eventually be sold.
Each option has financial and legal consequences, so it’s important to consider what works best for your situation.
How We Can Help
At Central Justice, we understand that deciding what happens to your home in a divorce is more than just a legal issue—it’s a financial and emotional one. We will help you explore your options, whether that means negotiating a fair division, securing a buyout, or ensuring you receive what you’re entitled to. Our team is committed to protecting your rights and helping you move forward with confidence. Contact us today to schedule a consultation and discuss the best path for your future.
