If you need to sell a house during divorce in Jacksonville, FL, the process can involve more than agreeing on a price and choosing a buyer.
The marital home may be one of the couple’s largest assets, and decisions about selling can affect mortgage debt, equity, taxes, moving arrangements, and the final division of property.
Florida uses an equitable distribution system for marital assets and liabilities. The court begins with the premise that marital property should be divided equally, but it can make an unequal distribution when the circumstances justify it. The marital home is one of the assets that may be considered during that process.
A house can often be sold while a divorce is pending, but ownership, homestead rights, agreements between the spouses, and any existing court orders need to be considered before a contract is signed.
Can You Sell a House During a Divorce in Florida?
Yes, in many situations.
A divorcing couple may decide to sell the house before the divorce is finalized, sell it as part of their settlement, or wait until the court determines what should happen to the property.
The simplest situation is generally one in which both spouses agree:
- The house should be sold
- How it will be marketed
- What price or offer is acceptable
- Which expenses will be paid before closing
- When each person will move
- How the proceeds will be handled
When the spouses do not agree, the sale can become part of the divorce case itself.
Florida law gives the court authority to distribute marital assets and liabilities and, when appropriate, to issue orders affecting the marital home. Florida courts can also make interim partial distributions during a pending divorce when the statutory requirements are met.
For that reason, neither spouse should assume that a disputed marital home can simply be sold without considering the pending divorce case.
Do Both Spouses Have to Agree to Sell the House?
It depends on ownership, homestead status, and the divorce proceedings.
If both spouses are on the deed, both will ordinarily need to participate in transferring title.
Florida also gives special protection to homestead property. Article X, Section 4 of the Florida Constitution provides that an owner of homestead real estate who is married must be joined by the spouse when selling, mortgaging, or gifting the homestead.
This means that even when only one spouse’s name appears on the title, a spouse may still need to participate in the conveyance if the property is the couple’s Florida homestead.
A pending divorce can add another layer. Court orders, settlement agreements, or disputed claims to the property may affect whether and how a sale can proceed.
The title company and divorce attorneys should therefore know that a divorce is pending before the parties enter into a sale.
Is the House Marital Property?
Not every house owned by a married couple is automatically treated exactly the same way.
Florida distinguishes between marital and nonmarital property.
The Florida Bar’s Divorce in Florida guide explains that assets acquired during the marriage are generally considered marital and subject to equitable distribution, while some assets may qualify as nonmarital. Importantly, equitable distribution can apply regardless of how title is held.
Florida law also presumes that assets acquired during the marriage are marital unless the presumption is overcome by evidence showing otherwise.
Complications can arise when:
- One spouse owned the house before the marriage
- Marital funds were used to pay the mortgage
- Marital money was used for improvements
- The property increased in value during the marriage
- The property was refinanced
- Ownership changed during the marriage
- One spouse received the property through inheritance or gift
Those circumstances can affect how much of the home’s value is considered marital.
Simply looking at the deed does not always answer the equitable-distribution question.
What Are the Main Options for the House During Divorce?
Couples typically face several possible approaches.
Sell the House and Divide the Proceeds
The house can be sold and the net proceeds addressed through the divorce settlement or court order.
This can simplify matters when neither spouse wants to keep the property.
One Spouse Keeps the House
One spouse may retain the home and compensate the other spouse for their share of the equity as part of the overall property distribution.
If both spouses are borrowers on the mortgage, refinancing may also be needed to remove the departing spouse from the loan.
Continue Owning the House Temporarily
Sometimes the house is not sold immediately.
Florida Statute § 61.075 specifically allows courts to consider whether it is desirable to retain the marital home as a residence for a dependent child or another party when doing so is equitable and financially feasible.
That may delay the eventual sale.
Continuing joint ownership after separation can create additional questions about mortgage payments, taxes, insurance, repairs, and how future equity will be divided.
What Happens to the Mortgage During Divorce?
A divorce decree does not automatically remove anyone from a mortgage.
If both spouses signed the mortgage loan, both generally remain responsible to the lender unless the loan is paid off, refinanced, or the lender formally releases one of the borrowers.
The Consumer Financial Protection Bureau explains that a divorce agreement may assign responsibility for a debt to one former spouse, but that does not change the creditor’s rights against a person whose name remains on the loan agreement.
This distinction is important.
For example, a divorce judgment might say:
One spouse keeps the house and is responsible for the mortgage.
But if the other spouse remains a borrower on that mortgage, the lender may still consider that person legally obligated on the loan.
Possible ways of addressing the mortgage include:
- Selling the property and paying off the loan
- Refinancing into one spouse’s name
- Obtaining a lender-approved release when available
- Continuing the existing mortgage under terms addressed by the divorce agreement or court order
Removing someone’s name from the deed also does not automatically remove that person’s name from the mortgage.
How Is the Equity Divided When the House Is Sold?
The sale price is not the same as the amount the spouses ultimately divide.
First, the transaction may need to account for:
- Mortgage payoff
- Other recorded liens
- Closing expenses
- Agreed property expenses
- Any other obligations that must be satisfied at closing
What remains is the net equity available for distribution.
Florida’s equitable-distribution statute begins with the premise of an equal division of marital assets and liabilities, but the court may reach a different result after considering the factors established by law.
That means the answer is not automatically:
Each spouse gets exactly 50% of the check from closing.
The divorce agreement or court order ultimately determines how marital assets and liabilities are distributed.
What About Mortgage Payments and Repairs One Spouse Paid?
This can become important when one spouse moves out while the other remains in the home.
Suppose one person continues paying:
- Mortgage payments
- Property taxes
- Insurance
- HOA dues
- Repairs
- Maintenance
That does not automatically mean the paying spouse receives reimbursement for every dollar when the house is eventually sold.
Florida Statute § 61.077 specifically addresses credits and setoffs upon the sale of the marital home. The statute states that credits or setoffs depend on the settlement agreement or final judgment and lists factors the court can consider when determining whether they should be awarded.
Those factors include matters such as:
- Exclusive use and possession of the home
- Mortgage and tax payments
- Support payments
- Value of occupying the property
- Tax deductions
- Potential capital-gains consequences
If the spouses expect the house to be sold later, these issues are worth addressing explicitly in the divorce agreement rather than assuming they will be resolved automatically.
What If You Disagree About the Value of the House?
Disagreement over value is common because the value assigned to the home directly affects the division of equity.
There are several ways to estimate value.
Real Estate Market Analysis
A real estate agent can provide comparable sales and an estimate of potential market value.
Professional Appraisal
A licensed appraiser can provide an independent valuation based on the property and comparable sales.
As-Is Offer
A direct buyer can provide an indication of what the property may sell for without completing repairs first.
These numbers serve different purposes.
A potential retail value after repairs and market exposure is not the same as an as-is purchase price.
When spouses disagree about whether to repair, list, or sell directly, comparing the expected net proceeds from each approach can be more useful than comparing headline sale prices.
Should You Make Repairs Before Selling During a Divorce?
Not necessarily.
A traditional listing may benefit from:
- Interior painting
- Flooring
- Landscaping
- Roof repairs
- HVAC repairs
- Kitchen or bathroom updates
- Cleaning
- Staging
Those improvements may increase the potential selling price.
But during a divorce, repairs create additional questions:
- Who pays for them?
- Who chooses the contractor?
- What happens if costs exceed the estimate?
- Does the paying spouse receive credit?
- How much will the improvements actually increase the sale price?
- How long will the work delay the sale?
For a house requiring substantial work, selling as-is may eliminate some of those disagreements.
Full Circle Homes purchases Jacksonville properties in their current condition, including houses requiring repairs, updating, or cleanout.
An as-is offer can be compared with the estimated net proceeds of repairing and listing the property.
What If One Spouse Wants to Sell and the Other Doesn’t?
This is where selling a house during divorce can become significantly more complicated.
One spouse may want to sell because of:
- Mortgage expenses
- Maintenance costs
- Need for cash
- Relocation
- Desire to separate finances
The other spouse may want to remain because of:
- Children
- Attachment to the house
- School location
- Difficulty qualifying for another home
- Belief that the property will increase in value
- Disagreement about the proposed sale price
If the spouses cannot reach an agreement, the marital home can become part of the court’s equitable-distribution decision.
Florida law directs courts to consider the desirability of allowing a dependent child—or another appropriate party—to remain in the marital home when doing so would be equitable and financially feasible.
The Florida Courts Domestic Relations Benchguide also addresses the marital home as part of equitable distribution and circumstances in which its sale or continued possession may be considered.
A spouse should therefore speak with their divorce attorney before attempting to force or block a sale outside the divorce proceedings.
Should the House Be Sold Before or After the Divorce Is Final?
There is no single answer.
Selling Before the Divorce Is Final
This may make sense when both spouses agree that neither wants the property.
Potential advantages include:
- Eliminating the mortgage sooner
- Reducing taxes, insurance, utilities, and maintenance
- Converting the property into cash
- Establishing an actual sale value instead of arguing about an appraisal
- Allowing both spouses to arrange separate housing
The proceeds can then be handled according to the parties’ agreement or court instructions.
Selling After the Divorce
Waiting may make sense when:
- One spouse needs temporary use of the home
- Children will remain there
- The parties disagree about selling
- The market timing is a consideration
- Repairs will be completed first
- One spouse is attempting to refinance and keep the house
The divorce judgment should clearly address ownership, expenses, sale timing, and distribution if the property will remain jointly owned temporarily.
Can You Sell the House Quickly During Divorce?
Potentially, but the title and divorce issues still have to be resolved.
Even a cash transaction may require:
- Both required signatures
- Mortgage payoff information
- Title search
- Lien resolution
- Review of divorce orders
- Agreement about sale proceeds
- Closing documents
If the spouses agree and the title is straightforward, the transaction can generally move more smoothly.
If there is disagreement about ownership, price, equity, or authority to sell, attempting to rush the transaction can create additional problems.
Selling a House As-Is During Divorce
An as-is sale can be useful when the spouses agree the property should be sold but do not want to coordinate renovations before doing so.
This can be particularly relevant when the house has:
- Deferred maintenance
- An older roof
- HVAC problems
- Plumbing or electrical repairs
- Outdated interiors
- Water damage
- Significant cleanout needs
- Code violations
- Unwanted belongings
Selling as-is means those conditions can be taken into consideration without requiring the spouses to complete the improvements first.
That can reduce the number of property-related decisions the parties have to make together.
However, a direct as-is offer may be lower than the price a repaired property could receive after full exposure to the traditional real estate market.
The useful comparison is usually net proceeds, time, repair costs, and the amount of coordination required.
What Happens to the Sale Proceeds While the Divorce Is Pending?
The proceeds should be handled according to the agreement between the spouses and any applicable court orders.
They should not automatically be assumed to belong equally and immediately to each spouse simply because the house has closed.
Florida’s equitable-distribution process under § 61.075 determines how marital assets and liabilities are allocated, and Florida law specifically addresses credits and setoffs associated with the sale of a marital home.
When a sale takes place before the divorce is final, the parties’ attorneys and closing agent may need to coordinate how the net proceeds are held or distributed.
Helpful Jacksonville Divorce Resources
Fourth Judicial Circuit Family Court Services
The Fourth Judicial Circuit Family Court Services serves Duval, Clay, and Nassau counties and provides Family Court Services and self-help materials for dissolution-of-marriage cases. Its Jacksonville Family Court Services office is located at the Duval County Courthouse.
Florida Bar – Divorce in Florida
The Florida Bar’s Divorce in Florida guide provides a consumer guide explaining marital and nonmarital assets, equitable distribution, divorce procedures, and other basic Florida divorce issues.
Florida Statute § 61.075
Florida Statute § 61.075 is Florida’s primary statute governing equitable distribution of marital assets and liabilities, including factors involving the marital home.
Frequently Asked Questions About Selling a House During Divorce
Can you sell a house before a Florida divorce is final?
Yes, in many cases. When the required parties agree and no court order prevents the sale, a property may be sold while the divorce is pending. The treatment of the proceeds should be coordinated with the parties’ divorce attorneys and any applicable court orders.
Do both spouses have to sign the sale documents?
If both spouses own the property, both will generally need to participate in transferring title. Florida homestead law can also require a spouse to join in the sale of homestead property even when that spouse is not the titled owner.
Is the house automatically divided 50/50?
Not necessarily. Florida courts begin with the premise that marital assets and liabilities should be distributed equally, but the law permits unequal distribution when justified by the statutory factors.
What if only one spouse’s name is on the deed?
Title alone does not necessarily determine whether the home’s value is marital or nonmarital for divorce purposes. Property acquired during the marriage is generally presumed marital unless shown otherwise, and Florida homestead protections may also require the other spouse to join in a sale.
What if only one spouse’s name is on the mortgage?
The mortgage obligation and property ownership are separate issues. The person or people who signed the loan remain responsible to the lender unless the debt is paid, refinanced, or the lender releases them.
Does a divorce decree remove my name from the mortgage?
No. A divorce order can assign responsibility for the mortgage between spouses, but it does not by itself change the lender’s contract with the borrowers. Refinancing, payoff, or lender release is generally needed to remove a borrower from the loan.
What if my spouse refuses to sell?
If the home is part of the marital estate and the spouses cannot agree, the issue may need to be resolved through the divorce case. Florida courts have authority to distribute marital property and can determine what happens to the marital home.
Do I have to repair the house before selling during divorce?
No. A property can potentially be sold in its existing condition when the parties agree to the transaction and the buyer accepts the house as-is.
What happens to the equity after the house sells?
Mortgage balances, liens, and transaction expenses are generally addressed first. The remaining proceeds are then handled according to the spouses’ agreement and the divorce court’s equitable-distribution process.
Can one spouse receive credit for mortgage payments made after separation?
Potentially, but reimbursement is not automatic. Florida Statute § 61.077 addresses credits and setoffs associated with the marital home’s sale and requires the issue to be addressed through the settlement agreement or judgment.
Can one spouse keep the house instead of selling it?
Yes. The parties can agree—or a court may determine—that one spouse should retain the home as part of the equitable distribution. If both spouses remain on the mortgage, refinancing or another arrangement may also need to be addressed.
This article provides general information and is not legal, tax, or financial advice. Property rights during divorce depend on ownership, homestead status, court orders, marital and nonmarital claims, and the circumstances of the individual case. Questions about a specific Jacksonville divorce should be discussed with a qualified Florida family-law attorney.
