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Originally published: July 2025 | Reviewed by Scott A. Levine
Divorce in South Florida often means tough choices about what to do with the family home. Many couples wonder if it’s better to keep the house or sell it and divide the profits.
Deciding whether to keep or sell the family home depends on finances, future needs, and emotional factors.
This guide gives a clear, step-by-step approach in plain English. Readers will learn about practical factors, such as mortgage responsibilities, property values, and the long-term impacts on everyone involved.
To help navigate this process, it’s essential to consider both legal and financial aspects, as well as the implications for life after the decision.
Deciding what to do with the family home can be a challenging task. The decision is rarely simple, involving both strong personal feelings and complex financial details.
Many families have strong memories and emotional ties to their homes. It is where holidays were celebrated, children were raised, and milestones happened.
For some, the house feels like a symbol of stability during a difficult time. However, these emotions can clash with the true financial situation.
Maintaining a home involves paying the mortgage, property taxes, insurance, and regular maintenance. After a divorce, it can be tough for just one person to handle all the costs, even if they want to stay.
People also need to consider how maintaining the house affects their budget. Sometimes, letting go of the home is best for long-term financial health.
Key financial facts to consider:
Talking to professionals, like a divorce lawyer or a financial advisor, can help clarify what is possible and wise.
In many divorces, a house is often the couple’s most significant shared asset. Deciding what to do with this asset is complicated because both sides might want it, or neither may be able to afford it alone.
Usually, both people contributed to the payments and the upkeep. To divide things fairly, the home may need to be sold, or one person may buy out the other’s share.
This process can be slow and often involves:
Mistakes can be costly. For example, if the home’s value drops or if one person cannot get a new loan in their name, both could face problems.
Florida treats marital property differently from separate property. State law employs the equitable distribution method, which can impact who retains the family home and who is permitted to reside there during the divorce.
Florida uses the concept of “equitable distribution” to divide property in a divorce. This means the court aims for a fair, but not always equal, split of assets and debts.
Marital property typically encompasses everything that either spouse earned or acquired during the marriage, including debts and the family home.
Separate property, such as something owned before marriage or received as a gift, is not typically divided.
If separate property is mixed with marital assets—like using money earned during marriage to pay a mortgage—it may become part of what’s divided.
The judge considers factors such as the length of the marriage, each person’s financial situation, and the efforts made by each spouse to support the marriage.
Florida courts try to keep both parties on stable ground after the divorce, but fairness does not always mean a 50/50 split. High-value assets, such as the family home, can play a significant role in this process.
When a divorce is initiated, both spouses have legal rights to the marital home, even if only one spouse’s name is on the deed.
If children are involved, courts often grant temporary possession to the parent with primary custody, aiming to maintain the children’s stability.
Temporary arrangements usually last until the judge makes a final decision about asset division. If there is a safety concern, the court may issue an order requiring one person to leave.
Otherwise, both may stay unless they agree on something different. The court will also look at financial situations.
If one person cannot afford housing elsewhere, this may impact who stays in the home for a while. The person not staying in the house does not lose their share of the home’s value—ownership is decided when all property is divided.
Torn between keeping the home or starting fresh? Scott A. Levin helps South Florida spouses weigh emotional ties against long-term costs in divorce property division. Start your strategy session now.
If you’re ready to get started, call us now!
Keeping the family home after a divorce is a major decision. People should consider their finances, legal requirements, and family needs before making a decision.
The first step is to examine current and future expenses closely. Paying the mortgage each month on a single income can be significantly different from paying the mortgage as a couple.
Beyond the mortgage, there are other costs to remember:
Use a simple budget to compare income and regular expenses. Think about how steady that income is and if there are emergency savings for unexpected home repairs.
If the total monthly costs are likely to strain the budget, it may not be wise to keep the house. A person should also consider if they need to take on more debt to afford these costs.
Failing to keep up with payments can lead to losing the house.
In many divorces, both spouses are joint owners of the home. If one person wants to keep the house, they usually have to “buy out” the other’s share.
This involves determining the current market value of the home and then agreeing on how much one spouse will pay the other. A professional appraisal is often needed.
It is common to use money from savings, investments, or a new mortgage to pay for the buyout. Here are some questions to ask:
Legal documents must be changed to remove the other person from the title and mortgage. Failing to take care of this can cause problems later.
Keeping the family home can help children feel more secure during a major life change. Many children do better if they stay near their friends, school, and after-school activities.
Some parents worry that a big move will add to their child’s stress. Staying in the same home can help with routines and provide children with a sense of safety.
However, parents should weigh these benefits against financial realities. If the house is too expensive or in poor condition, staying there may not be the best option.
Moving to a more affordable or safe area helps everyone adjust in the long run. The goal is to maintain a steady life for children without adding to their financial strain.
When a couple divorces in South Florida, selling the family home requires careful planning and consideration.
There are important legal steps, tax implications, and financial considerations to consider before making a final decision.
In South Florida, both parties must agree to the sale if the home is jointly owned. The court may issue an order requiring one or both parties to cooperate in the sale of the property.
Until the divorce is final, each party’s rights to the house must be protected by legal documents. If children live in the home, judges may delay the sale to avoid disrupting their lives.
A real estate lawyer should review the sale contract to avoid future disputes. Sellers are required to provide full disclosure about the home’s condition and comply with all standard Florida real estate laws.
A court’s approval may be needed before the home is listed. Any agreement regarding the sale of the house should be in writing and signed by both parties.
Selling a home after divorce can have serious tax consequences. If the house was the couple’s main residence for two of the last five years, they may qualify for a tax exclusion of up to $250,000 per person on the capital gains.
If one spouse stays in the home for a period and then sells it, the exclusion may still apply; however, the rules can be complex. It is essential to keep records of when each spouse lived in the house.
Some costs, like realtor fees and repairs before selling, can sometimes be deducted from the profit.
Every situation is unique, so it’s best to consult a tax expert who is familiar with divorce and real estate in Florida.
Profits from selling the home are usually split according to the divorce agreement or state law.
In many South Florida divorces, property is divided based on what is considered fair, often resulting in a split that is not exactly 50/50.
The money may be deposited into a joint escrow account until the divorce is finalized.
Lawyers and the court may determine how bills, mortgages, and taxes are paid from the proceeds of the sale.
If a dispute arises, the court may hold the money until a final order is issued.
Afraid of making the wrong call about your family home? Scott A. Levin’s divorce litigation team offers clarity when emotions run high in South Florida property disputes. Reach out today for guidance.
If you’re ready to get started, call us now!
Many families want options besides selling the home right away.
There are ways to stretch time, protect children’s routines, and create fair financial solutions without rushing into a sale.
With a nesting agreement, children live full-time in the family home. Parents take turns moving in and out according to a set schedule.
This helps kids stay settled during a stressful period. Both parents must find alternative places to stay during their off days.
This can be a rented apartment, staying with relatives, or even a hotel. The arrangement only lasts until the divorce is finalized or a longer-term plan is made.
Clear rules, written communication, and detailed calendars are essential for effective management.
Parents need to agree on shared expenses, household chores, repairs, and how to communicate with each other between visits.
Nesting works best when both parties can cooperate with clear boundaries in place.
Pros:
Cons:
Some couples use nesting for a few months during the divorce process, giving time for a calmer transition.
With a deferred sale, the home stays in both parties’ names.
One spouse—usually the one with primary child custody—lives in the house for a set period.
This helps children stay in their school and neighborhood, which is especially important in South Florida’s competitive housing market.
A written settlement clearly outlines the duration of the stay and the terms of termination.
Sometimes referred to as a “delayed sale,” this option gives families more control over when and how the house is sold.
Bills, taxes, and repairs are shared or assigned in writing.
Deferred sales must cover:
This setup can buy time, but also risks future arguments if financial roles are unclear.
This option allows one spouse to retain the house by buying out the other’s share, while the other spouse rents elsewhere.
Buyouts are based on the home’s value minus debts and closing costs.
The couple can hire a home appraiser for a fair market price.
Detailed legal agreements are necessary to ensure both sides understand the payment terms, title transfer, and protection in case home values change after the split.
Key questions to cover:
Legal safeguards, such as written contracts, timelines, and escrow accounts, help prevent disputes from arising later.
This approach is common in South Florida, where home prices and rental costs are high and finding another home may take time.
Dividing a family home during divorce in South Florida involves more than just splitting the value of a house.
Couples must consider their legal rights, future financial stability, and unique local laws that impact what each person will walk away with.
When a couple divorces, the home is not simply an asset to divide in half.
Florida’s property laws may treat homes differently based on how they were purchased, when they were bought, and whether both partners’ names are on the title.
Special local regulations and recent legislative changes, such as the 2025 Florida property ownership laws, can impact property rights, exemptions, and even who can reside in the home during and after a divorce.
Important factors include:
A detailed review is required to avoid mistakes that can’t be fixed later.
Legal guidance helps prevent misunderstandings and protects against unfair settlements.
Scott A. Levin guides clients through the complex legal steps of keeping or selling a home during divorce.
He explains how Florida’s laws work and what choices best fit each family’s situation.
He reviews the details of homeownership, helps gather the necessary documents, and walks clients through the paperwork.
Scott also informs clients about recent condominium reform laws, particularly when a marital home is located in a condominium, ensuring that all local rules are taken into account.
He focuses on clear communication, step-by-step guidance, and protecting long-term interests, enabling couples to move forward with confidence.
Deciding whether to keep or sell the family home during a divorce in South Florida involves weighing several factors.
Each family’s situation is unique.
Key things to remember:
It often helps to write a simple list of pros and cons.
This can make the choice feel less overwhelming.
| Option | Benefits | Drawbacks |
| Keep Home | Familiar, less stress for kids, continue routines | Higher costs, upkeep |
| Sell Home | Split money, fresh start, fewer shared ties | Moving costs, change |
A divorce attorney or real estate expert can provide helpful guidance. They are familiar with the local rules and can explain the financial aspects.
Taking small steps—such as discussing finances, prioritizing tasks, or seeking advice—will lead to a clearer and more informed decision. Anyone facing this choice should regularly review their needs to ensure they are meeting them effectively.
The wrong decision could affect your finances for years. Scott A. Levin helps protect what matters most in high-stakes property decisions during divorce. Schedule a confidential consultation now.
Who gets to keep the house in a South Florida divorce?
In Florida, the marital home is subject to equitable distribution, meaning it’s divided fairly—not always equally—based on the couple’s financial situation, contributions, and legal agreements.
Can I keep the house if it’s only in my name?
Even if the home is titled in one spouse’s name, it may still be marital property if purchased during the marriage. Florida courts examine when and how it was acquired.
What if I want to keep the house but can’t afford it on my own?
You may need to refinance the mortgage or buy out your spouse’s share. If that’s not possible, selling the home might be the only financially viable option.
Can we be forced to sell the marital home?
Yes. If spouses can’t agree, the court may order the house sold to divide proceeds fairly, especially if neither can afford to maintain it on their own.
What happens to the equity from the house after divorce?
The equity is typically divided between spouses according to what is considered fair by the court or in a negotiated settlement, taking into account debts, contributions, and custody arrangements.
What are the tax implications of selling our home after divorce?
Capital gains tax exclusions may be limited for recently divorced individuals. It’s important to consider sale timing and ownership duration to avoid costly surprises.
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