Florida Seller Guide
Selling Your House During a Divorce in Florida
In a Florida divorce, a home bought during the marriage is usually a marital asset, divided under the state's equitable distribution law. Couples most often either sell the house and split the proceeds, or one spouse keeps it and buys out the other. If you sell, both spouses generally need to sign the listing agreement and closing documents, and any court orders in your case control the timing and terms.
Reviewed by James P. Schlimmer, Florida Real Estate Broker - Updated October 30, 2026
See What You'd Each Walk Away WithWho Gets the House in a Florida Divorce?
Florida divides marital assets under equitable distribution, which starts from the presumption of an equal split. A home bought during the marriage is usually a marital asset, even if only one spouse's name is on the deed.
A home owned before the marriage, or received as an inheritance or gift, may be separate property. Value added during the marriage, such as mortgage payments made with marital income, can still be marital. Courts can also weigh factors like a parent's need to keep the home for the children.
Your Three Main Options
Sell the house and split the proceeds. This gives both spouses a clean break and turns the house into cash that is easier to divide.
One spouse buys out the other. The spouse keeping the home usually refinances the mortgage into their own name, which removes the other spouse from the loan, and pays them their share of the equity.
Keep the house jointly for a set time. Some couples agree to sell later, often after the children finish school. This keeps both spouses tied to the property and the mortgage until it sells.
Do Both Spouses Have to Sign?
If you both own the house, both of you sign the listing agreement and the closing documents. Under Florida's homestead rules, a spouse generally must join in selling the family home even if only the other spouse is on the deed.
If your divorce case is already filed, check whether any court order limits selling or moving assets before the case is final.
How the Money Is Split
At closing, the mortgage payoff and closing costs are paid first. What remains is divided according to your settlement agreement or court order.
If the split is not settled yet, the proceeds are commonly held in escrow by the title company or an attorney until both sides sign off or the court decides.
Taxes When You Sell
Federal law generally lets each owner exclude up to $250,000 of gain from the sale of a primary home if they owned and lived in it for two of the last five years, or $500,000 for married couples filing jointly. Florida has no state income tax.
The timing of the sale, before or after the divorce is final, can change how the exclusion applies, so talk with a tax professional before you list.
How HomeJam Helps
HomeJam gives both spouses one neutral place to see the same documents, numbers and offers, and to review and e-sign separately. The HomeJam net sheet shows what the sale could leave after the mortgage and closing costs, so you both start from the same facts.
Guided selling starts at 1% of the sale price, with a licensed Florida brokerage handling the listing, offers, paperwork and closing.
Frequently Asked Questions
Florida divides marital property under equitable distribution, which starts from an equal split. A house bought during the marriage is usually marital property, even if only one spouse is on the deed. A house owned before the marriage or inherited may be separate property, though value added during the marriage can be marital. The final outcome depends on your agreement or the court's decision.
Yes, if both owners agree and no court order in your case prevents it. Many couples sell before the divorce is final and hold the proceeds in escrow until they agree on the split or the court decides.
If both spouses are on the deed, both must sign. Under Florida's homestead rules, a spouse generally must also join in selling the family home even if only the other spouse is on the deed. Both spouses usually sign the listing agreement too.
If you cannot agree, the court can decide what happens to the home as part of the divorce, which can include ordering it sold and the proceeds divided.
The mortgage payoff and closing costs are paid first. The remaining proceeds are divided according to your settlement agreement or court order, and are often held in escrow by the title company until both sides sign off.
Federal law generally lets each owner exclude up to $250,000 of gain if they owned and lived in the home for two of the last five years, or $500,000 for married couples filing jointly. Florida has no state income tax. Whether you sell before or after the divorce is final can affect your taxes, so check with a tax professional.
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