Dividing the Family Home in a Florida Divorce: Sell, Buy Out, or Delay?
Data last verified: May 2026
The family home is a marital asset under Florida Statute 61.075, and Florida courts apply equitable distribution to determine how that asset gets divided.
Three outcomes cover the overwhelming majority of Broward County divorce cases: the home is sold and equity divided, one spouse buys out the other and refinances alone, or both spouses agree to delay the sale for a defined period. Each path carries different financial requirements and legal risks.
If your Fort Lauderdale divorce involves a home, a Fort Lauderdale divorce attorney at Levine Family Law can walk you through which outcome fits your financial position and protect your equity through the process.
Key Takeaways
- The family home purchased during the marriage is a marital asset subject to equitable distribution under Florida Statute 61.075.
- Florida courts begin equitable distribution with a presumption of equal division, which is adjustable based on statutory factors, including each spouse’s financial circumstances and the best interests of dependent children.
- Three outcomes apply in most cases: a sale with an equity split, a buyout with refinancing, or a court-approved deferred sale.
- A buyout requires the retaining spouse to qualify for a new mortgage solely in their name — a divorce decree alone does not remove the departing spouse from mortgage liability with the lender.
- Keeping the home without a court-enforceable refinancing deadline creates ongoing financial entanglement and future legal exposure for both parties.
- Selling is the most common outcome in Broward County because many spouses cannot qualify for a mortgage independently in the current market.
Your home is likely the largest asset in your divorce — a Fort Lauderdale divorce attorney at Levine Family Law will identify which outcome protects your equity and your financial position.
Is the Family Home a Marital Asset in a Florida Divorce?
The family home purchased during a marriage is a marital asset subject to division under Florida Statute 61.075. Florida courts classify property as either marital or nonmarital before any distribution begins. Marital assets include all property acquired during the marriage, regardless of whose name appears on the deed or title.
A home owned by one spouse before the marriage starts is nonmarital property. Florida courts convert that home — fully or partially — into a marital asset when marital funds paid down the mortgage, funded renovations, or covered maintenance costs during the marriage.
The portion of equity attributable to those marital contributions becomes subject to division.
Real property held as tenants by the entireties — the standard form of joint ownership for married couples in Florida — is presumed marital regardless of funding source, as established in Robertson v. Robertson (593 So. 2d 491, Fla. 1991).
A Broward County divorce attorney at Levine Family Law can identify whether your specific home is fully marital, nonmarital, or a hybrid asset requiring a source-of-funds analysis before any division occurs.
How Does Florida Law Divide the Family Home?
Florida Statute 61.075 requires courts to begin equitable distribution from a presumption of equal division. A court starts with a 50/50 split of the marital estate and adjusts it based on statutory factors — including each spouse’s contribution to the marriage, each party’s economic circumstances after the divorce, the length of the marriage, and any intentional dissipation of marital assets within two years before filing the petition.
Equity in the home equals the property’s fair market value minus the outstanding mortgage balance and any recorded liens. Courts and negotiating parties typically establish fair market value through a licensed appraisal or a comparative market analysis from a real estate professional using recent sales in Broward County.
That equity figure then becomes a line item in the overall marital estate — subject to offset against other assets such as retirement accounts, investment accounts, or business interests.
| Distribution Approach |
How Equity Is Handled |
Mortgage Liability |
| Sale |
Proceeds split after payoff and costs |
Extinguished at closing |
| Buyout with refinance |
Retaining spouse pays departing spouse’s share |
The departing spouse was removed from the loan |
| Deferred sale |
Division deferred to the future sale date |
Both remain liable until the sale |
A high-net-worth divorce lawyer in Fort Lauderdale at Levine Family Law regularly handles cases where the home equity represents the single largest line item in a Broward County marital estate, and the distribution approach has six-figure financial consequences.
What Happens When the Family Home Is Sold in a Florida Divorce?
Selling the marital home and dividing the net proceeds is the most common outcome in Broward County divorce cases. A sale extinguishes the shared mortgage, removes both spouses from ongoing financial entanglement, and delivers each party their equity share in cash at closing.
The sale process begins with establishing a listing price based on fair market value. After the sale closes, the lender receives full mortgage payoff, closing costs are deducted, and the remaining net proceeds are divided between the spouses according to the equitable distribution percentage established in the marital settlement agreement or court order.
Either or both parties to a Florida divorce can also request a partition action — a court-ordered forced sale — when spouses cannot agree on whether to sell or how to price the home.
Selling typically becomes the default in Broward County when neither spouse can independently qualify for a refinanced mortgage at current rates.
The Florida divorce process allows parties to agree on a listing agent, listing price, and sale timeline in the marital settlement agreement, which the court then incorporates into the Final Judgment of Dissolution.
How Does a Buyout Work When One Spouse Keeps the Home?
A buyout allows one spouse to retain the marital home by purchasing the other spouse’s equity share and refinancing the mortgage solely in their name. The retaining spouse pays the departing spouse their portion of the net equity — calculated by subtracting the mortgage balance and closing costs from the appraised fair market value, then applying the equitable distribution percentage.
A buyout requires the retaining spouse to qualify for a new mortgage based solely on their income, credit, and debt-to-income ratio — after accounting for any child support or alimony obligations.
A divorce decree that awards one spouse the home does not remove the other spouse from mortgage liability with the lender. The lender was not a party to the divorce proceedings and remains entitled to pursue both borrowers for missed payments or deficiency regardless of what the court order states.
Refinancing is the only mechanism that severs the departing spouse’s obligation to the lender.
Standard marital settlement agreements in Florida include a refinancing deadline of 60 to 180 days after the Final Judgment of Dissolution.
If the retaining spouse fails to refinance within that window, the agreement typically triggers an automatic listing obligation — protecting the departing spouse from indefinite mortgage exposure.
A Pembroke Pines family law attorney or a Weston divorce lawyer at Levine Family Law can draft settlement language with enforceable refinancing deadlines and fallback sale provisions.
What Is a Deferred Sale and When Do Florida Courts Allow It?
A deferred sale is a court-approved arrangement under Florida Statute 61.075(1)(h) that allows one spouse to remain in the marital home for a defined period before the property is sold and proceeds are divided.
Florida courts authorize deferred sales when retaining the home serves the best interest of a dependent child and the arrangement is financially feasible for both parties.
The triggering event for the eventual sale is typically a child’s high school graduation, a child’s reaching age 18, or another defined milestone set forth in the marital settlement agreement.
The occupying spouse generally carries all mortgage payments, property taxes, insurance, and maintenance costs during the deferred period. In some arrangements, the non-occupying spouse receives occupational rent to compensate for deferred access to their equity share during that period.
Deferred sales create ongoing financial exposure for the non-occupying spouse — who typically remains on the mortgage until the home sells — unless the agreement includes a refinancing requirement or the parties have separate financing structures.
A family law attorney in Hollywood, FL, at Levine Family Law structures deferred sale agreements with specific exit timelines, maintenance obligations, and default provisions so both parties have clear legal remedies if the arrangement breaks down.
What Are the Risks of Keeping the Home Without a Clear Plan?
Keeping the family home without a court-enforceable refinancing deadline or sale timeline creates two categories of risk: ongoing financial entanglement and future legal disputes.
Mortgage liability: A departing spouse whose name remains on the mortgage stays fully liable to the lender for every missed payment — regardless of what the divorce decree states. Late payments appear on both parties’ credit reports. A default can trigger foreclosure proceedings against both spouses and the lender’s pursuit of any deficiency balance.
Legal disputes: A marital settlement agreement that awards the home to one spouse without a defined refinancing deadline or sale trigger leaves no enforceable mechanism when the retaining spouse fails to act.
The departing spouse then faces the costs and delays of returning to court for enforcement in a contempt or modification proceeding. Clients facing complex divorce litigation in Broward County regularly encounter these enforcement problems when settlement agreements fail to include clear timelines for home disposition.
The solution is straightforward: every marital settlement agreement involving the family home needs a defined outcome — sell by a specific date, refinance within a fixed window, or trigger an automatic listing — with named consequences for non-performance.
Contact Levine Family Law to speak with a Fort Lauderdale divorce attorney who will make sure your settlement agreement leaves no ambiguity about what happens to the home.
Frequently Asked Questions
Is the family home always considered a marital asset in a Florida divorce?
A home purchased during the marriage is a marital asset under Florida Statute 61.075. A home owned before the marriage begins as nonmarital property but becomes partly marital when marital funds pay down the mortgage or fund improvements during the marriage. The marital portion of that equity is subject to equitable distribution.
Does the spouse awarded the home in a Florida divorce still share the mortgage with their ex?
Yes, until a refinance is completed. A divorce decree does not remove a departing spouse from mortgage liability with the lender. The lender can pursue both borrowers for missed payments regardless of the court order. Refinancing the mortgage solely in the retaining spouse’s name is the only mechanism that severs the departing spouse’s lender obligation.
What does a buyout require from the spouse keeping the home in Florida?
A buyout requires the retaining spouse to qualify for a new mortgage solely in their name, based on their individual income, credit score, and debt-to-income ratio after any support obligations are calculated. The retaining spouse pays the departing spouse their equitable share of net home equity at or before the refinancing closing.
Can a Florida court let one spouse stay in the home until the children finish school?
Yes. Under Florida Statute 61.075(1)(h), a court can authorize a deferred sale allowing one parent to remain in the home until a dependent child reaches a defined milestone — such as high school graduation. The occupying parent typically bears all carrying costs, and the agreement must define the triggering sale event and the distribution of proceeds.
Why is selling the most common outcome for the family home in Broward County divorces?
Selling is most common because many spouses cannot independently qualify for a refinanced mortgage after accounting for their post-divorce income, child support, and alimony obligations. Current market conditions in Broward County — with mortgage rates significantly above pandemic-era lows — increase qualification difficulty and make a clean sale with equity division the most financially realistic outcome.
What happens if a spouse refuses to sign paperwork to sell or transfer the marital home?
Florida courts have the authority to enforce equitable distribution orders. Under Florida Statute 61.075(4), a judgment distributing real property has the effect of a recorded deed when filed in official records. A court can also hold a non-complying spouse in contempt and appoint a special magistrate to execute the deed or listing documents on their behalf.
How is the equity in the family home calculated for a Florida divorce?
Equity equals the home’s fair market value minus the outstanding mortgage balance and any recorded liens. Fair market value is typically established through a licensed appraisal or a comparative market analysis from a real estate professional using recent comparable sales in Broward County. The resulting equity figure is included in the marital estate for distribution under Florida Statute 61.075.
What is a partition action in a Florida divorce involving the family home?
A partition action is a court-ordered forced sale of the marital home. Either spouse can request a partition in their divorce filing when the parties cannot agree on whether to sell the property or at what price. The court orders the home sold and distributes the net proceeds according to the equitable distribution percentage established in the Final Judgment of Dissolution.
