In a Florida divorce, real estate acquired during the marriage is generally considered marital property and subject to division between both spouses. If one spouse owned the property before the marriage, but the home’s value increased due to marital efforts or contributions, that increase may also be subject to division. Florida follows equitable distribution laws, meaning property is divided fairly but not necessarily equally based on several factors.
Part of any divorce involves dividing marital property, which includes real estate holdings such as the marital home, vacation properties, rental properties, or land. These assets often hold significant financial and emotional value, making their division one of the most contentious aspects of divorce proceedings.
While you start with the presumption that your assets will be split equally, the Court may deviate from this presumption based on various factors.
Several factors influence how assets are divided in a Florida divorce, including:
- The length of the marriage
- Each spouse’s financial situation is post-divorce
- Contributions to the marriage by each spouse
- Interruption of one spouse's career or education
- Contribution to the other spouse’s career or education
- Desirability of retaining an asset
- Contribution to income, assets, and liabilities,
- Desirability of retaining martial home
- Intentional dissipation of assets
- Any other factors are necessary to do equity and justice between the parties
In many cases, the court may order the sale of the property and division of the proceeds, or one spouse may be awarded the home while the other receives a comparable asset or financial compensation.
For many divorcing couples, the marital home is their most valuable asset. If children are involved, Florida courts often prioritize stability, allowing the primary custodial parent to remain in the home, at least temporarily. Other times, the home may be sold, and the proceeds divided equitably. If one spouse wishes to keep the home, they may need to refinance the mortgage to remove the other spouse’s name and buy out their share.
Investment and rental properties are also subject to division. Courts will consider factors such as rental income and property value when determining how to divide these assets. Often, one spouse may buy out the other’s share, or the properties may be sold and the proceeds divided. They can also remain co-owners. Both spouses retain ownership, share rental income, and split expenses proportionally but need a detailed agreement on responsibilities.
However, the cons are that this requires ongoing cooperation between parties, which can cause disputes over management, tenant issues, or problems with selling later. Dividing real estate in a divorce requires careful negotiation. Having an experienced divorce attorney can help ensure that your financial future is protected.
If you’re facing a divorce and have concerns about the real estate division, call us at 904-900-2419 or schedule a call here! Our team of dedicated attorneys is committed to advocating for women’s rights and best interests. Take the first step toward a brighter future for you and your family today.
