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Selling a house during a divorce in Florida.
Florida divides marital property through equitable distribution, and some Florida courts restrict selling property once a divorce case is filed.
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Divorce · Florida
How it works in Florida.
In Florida, a divorce is formally called a dissolution of marriage, and it is handled by the circuit court in the county where the case is filed, usually through its family division. Florida is an equitable distribution state rather than a community property state. Under section 61.075 of the Florida Statutes, the judge starts from the premise that marital assets and debts should be divided equally, then considers whether specific factors justify a different split.
Whether and when the home can be sold depends on your case. Some Florida circuits issue standing family law orders that take effect when a petition is filed and bar either spouse from selling or encumbering property without written consent or a court order. Spouses can also agree to sell, or ask the court to decide. A Florida family law attorney or your local court self-help center can explain the rules in your county.
Florida specifics
What to know in Florida.
Equitable distribution, not community property
Florida divides marital assets and liabilities under section 61.075. The court must begin with the premise that the distribution should be equal, unless there is justification for an unequal split based on factors listed in the statute.
Marital vs nonmarital property
Assets acquired during the marriage are generally marital, and assets acquired after the marriage date are presumed marital. Property owned before the marriage or received by gift or inheritance from someone other than a spouse is generally nonmarital, which can matter if one spouse owned the home first.
Local standing orders can limit a sale
Some Florida circuits issue standing orders in dissolution cases. For example, the Fourth Judicial Circuit's standing family law order in Duval County bars both spouses from selling, transferring or encumbering property without written consent or a court order. Check whether your circuit has a similar order.
The marital home is a listed factor
Section 61.075 tells the court to consider whether keeping the marital home as a residence for a dependent child or another party is equitable, in the child's best interest and financially feasible. That can affect whether a sale happens during or after the case.
Interim orders are possible
Florida law lets the court enter an interim partial distribution during the case for good cause, defined as extraordinary circumstances, such as avoiding foreclosure. A sworn, specific motion is required, and any interim distribution is credited in the final allocation.
This is general information, not legal or tax advice. Rules can change and every situation is different, so confirm the details for your case with a Florida attorney or the appropriate office.
Your options
There is more than one path.
One spouse keeps the home
One person may buy out the other's share, often by refinancing the mortgage into their own name. This can offer stability, especially for children. It works only if that person can qualify for the loan and afford the ongoing costs alone.
List with a real estate agent
Selling on the open market can help you both see the home's value and split the proceeds clearly. It requires cooperation on pricing, repairs and showings. Some couples choose a neutral agent together to keep things fair.
Explore offers from investors and professionals
When coordinating showings and repairs feels hard, some couples prefer a simpler sale. Through Doorbloom, you can share details about the home and hear from independent professionals who may buy it as-is. Compare any offer with what a listing might bring, and make sure both owners agree.
How it works
Three clear steps.
- 1
Tell us about your home
Share the address, condition and your timeline. It takes about a minute, and we only ask what is needed for the next step.
- 2
Review who is interested
Real estate investors and professionals review your home. You see who they are before anyone gets your contact details.
- 3
Choose your next step
Talk to the people you want, compare your options, or decide not to sell. There is no pressure and no obligation.
Questions
Questions from Florida homeowners.
Is Florida a community property state?
No. Florida is an equitable distribution state. Under section 61.075, the court starts with the premise that marital assets and debts should be divided equally, but it can order an unequal split when the statutory factors justify it.
Can I sell my house while my Florida divorce is pending?
Possibly, but check first. Some Florida circuits have standing orders that bar either spouse from selling or encumbering property once the case is filed, unless the other spouse consents in writing or the court approves. A family law attorney can tell you whether such an order applies in your county.
Which court handles divorce in Florida?
Divorce, called dissolution of marriage, is handled by the circuit court, typically in its family division, in the county where the case is filed. Many circuits and county clerks run self-help centers with forms and checklists.
Is a house I owned before marriage split in a Florida divorce?
Generally, assets acquired before marriage are nonmarital. However, questions like mortgage payments or improvements made during the marriage can complicate things. A Florida family law attorney can review how the home was acquired and paid for.
Is Doorbloom buying my house?
No. Doorbloom is a platform that connects Florida homeowners with real estate investors and professionals. Any offer comes from them, and nothing is binding until you sign a purchase agreement.
What does it cost?
Creating an account and telling us about your home is free for homeowners.
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