Sell a House During Divorce in Florida

Divorce is one of the most common reasons homeowners in Fort Lauderdale and Broward County need to sell fast. The marital home is often the largest asset a couple owns, and dividing it — whether through a sale or a buyout — is central to the divorce settlement. Florida's equitable distribution laws, homestead protections, and the procedural rules of the Seventeenth Judicial Circuit all shape how a divorce home sale works.

This guide explains the legal framework and the practical paths to selling a house during a divorce in Florida.

Florida's Equitable Distribution Law

Florida follows equitable distribution, not community property. Under Florida Statute 61.075, the court divides marital assets and liabilities in a manner that is "equitable" — fair, but not necessarily equal. The statute creates a two-step process:

1. Classification. The court first classifies each asset and liability as marital or nonmarital.

2. Distribution. The court then distributes the marital assets equitably, considering factors including each spouse's contribution to the marriage, the duration of the marriage, and the economic circumstances of each party.

Marital vs. Nonmarital Property

Under Section 61.075(6):

• Marital assets include all assets acquired during the marriage, regardless of title. This includes real estate purchased during the marriage, even if titled in only one spouse's name. Marital assets also include the enhancement in value of nonmarital assets during the marriage (e.g., if a spouse owned a home before marriage but it appreciated during the marriage due to marital efforts or funds).

• Nonmarital assets include assets acquired before the marriage, assets acquired by gift or inheritance to one spouse, and assets excluded by a valid prenuptial or postnuptial agreement.

The marital home is frequently a mix. If one spouse owned the home before the marriage but the couple paid the mortgage, made improvements, or paid down the principal during the marriage, the home has both marital and nonmarital components. This is called a partial marital interest, and it requires a calculation (often using the Cooper v. Cooper or Kaaa v. Kaaa methodology) to determine each spouse's share.

Homestead Protection During Divorce

Florida's homestead laws (Article X, Section 4 of the Florida Constitution and Florida Statute 222.05) provide strong protections against forced sale. A homestead property cannot be forced to sale to satisfy most creditor judgments, and a spouse cannot unilaterally sell or encumber the homestead without the other's consent.

During a divorce, this matters in two ways:

1. Both spouses must consent to a sale. If the property is the marital homestead, one spouse cannot sell it without the other's signature on the deed. Florida law requires both spouses to join in any conveyance of homestead property, regardless of how title is held.

2. The court can order a sale. Under Florida Statute 61.13 and 61.075, the divorce court has the authority to order the sale of the marital home and distribute the proceeds. This typically happens when neither spouse can afford to keep the home, or when the parties agree to sell.

Selling During the Divorce: Three Paths

Path 1: Both Spouses Agree to Sell

If both spouses agree to sell, the process is straightforward — at least legally. Both spouses sign the listing agreement, both sign the purchase contract, and both sign at closing. The net proceeds are held in trust (often by the divorce attorney or a title company) and distributed per the final settlement agreement or court order.

The practical challenge is coordination. If the spouses aren't communicating well, getting both signatures on every document can slow the sale. And if one spouse is living in the home and the other isn't, disagreements about showings, repairs, and pricing are common.

Path 2: Court-Ordered Sale

If the spouses can't agree, either spouse can petition the court to order the sale of the marital home. In the Seventeenth Judicial Circuit (Broward County), this is filed as part of the dissolution proceeding. The court can appoint a neutral real estate agent or order the property listed at a court-determined price.

Court-ordered sales take longer because they require a hearing and a court order. But they resolve the deadlock — once the court orders the sale, neither spouse can block it.

Path 3: One Spouse Buys Out the Other

Instead of selling, one spouse can refinance the mortgage in their name alone and pay the other spouse their share of the equity. This requires the buying spouse to qualify for a new mortgage independently, which can be difficult if the couple's income was combined for the original loan.

Buyouts are common when one spouse wants to keep the home (often for children's school stability), but they require both a refinance and a deed transfer — and the non-keeping spouse must sign a quitclaim deed.

How Cash Buyers Help with Divorce Sales

Divorce sales often need to close on a specific timeline — tied to a court date, a settlement deadline, or the expiration of a temporary support order. Cash buyers are well-suited for divorce sales because:

1. Fast closing. A cash buyer can close in 7-14 days, which aligns with court deadlines. A traditional listing takes 90+ days plus escrow.

2. No showings. If one spouse has moved out and the other is still in the home, showings are a source of conflict. A cash sale requires one walkthrough.

3. No repairs. Divorce sales are often as-is. Neither spouse wants to invest in repairs before a sale. Cash buyers purchase as-is.

4. Both spouses sign. The cash buyer's title company coordinates signatures from both spouses, whether they're cooperative or not. If the court has ordered the sale, the title company works from the court order.

5. Proceeds split per the settlement. The title company disburses proceeds according to the settlement agreement or court order. Each spouse receives their share at closing.

The Seventeenth Judicial Circuit

Divorce proceedings in Broward County are handled by the Family Law Division of the Seventeenth Judicial Circuit, located at the Broward County Central Courthouse, 201 SE 6th Street, Fort Lauderdale. The court issues case management orders that set deadlines for selling marital property, and the parties must comply with these timelines.

If you're selling a home during a divorce, your divorce attorney should coordinate with the title company to ensure the court's requirements are met — particularly if the sale is court-ordered.

The Bottom Line

Selling a house during a Florida divorce requires both spouses' cooperation (or a court order), an understanding of equitable distribution, and a timeline that often doesn't align with a traditional 90-day listing. Cash buyers can close fast, eliminate showings and repairs, and coordinate with both spouses and the court to meet settlement deadlines.

If you're going through a divorce in Broward County and need to sell the marital home quickly, call or text (650) 540-1854. We work with both spouses and their attorneys to close on your timeline.