When couples in Boca Raton begin the divorce process, one of the first and most emotionally charged questions they ask is: Who gets the house? For many, the family home is not only their most valuable asset but also a symbol of stability. Whether you’re concerned about staying in your home for your children’s sake or protecting your financial future, understanding how equitable distribution in Florida works is critical.
This guide is designed for individuals in South Florida—especially Boca Raton—who are navigating the early stages of divorce and want clear, professional insight into dividing marital property in Florida, specifically the home.
What Is Equitable Distribution in Florida?
Florida follows a legal principle known as equitable distribution, which governs how assets and liabilities are divided during a divorce. Unlike community property states where everything is split 50/50, equitable distribution means the court divides marital property in a way that is fair—but not necessarily equal.
Key Legal Considerations for Who Gets the House in a Florida Divorce
The court first classifies the home as either marital or non-marital property:
- Marital property: Typically includes property acquired during the marriage, regardless of whose name is on the title.
- Non-marital property: Includes property acquired before the marriage or received as a gift or inheritance by one spouse and kept separate.
So, if the home was purchased during the marriage, it’s almost certainly marital property—even if only one spouse is on the mortgage or deed.
But things can get complex. For example:
- If one spouse bought the home before marriage but added the other spouse to the title later, it may have become commingled, making it subject to division.
- If both spouses contributed to mortgage payments, renovations, or upkeep, the court may treat it as shared, even if one spouse originally owned it.
Florida courts weigh multiple factors under Section 61.075, Florida Statutes, including:
- Length of the marriage
- Economic circumstances of each party
- Contributions to the marriage, including homemaking and child-rearing
- Whether one spouse interrupted their career or education for the marriage
- Any intentional waste or dissipation of marital assets
Common Challenges and Solutions in Dividing the Marital Home
When it comes to dividing marital property in Florida, the marital home often presents the most challenges—both financially and emotionally.
1. Both Spouses Want the House
This is common when children are involved. One parent often wants to remain in the home to maintain consistency for the children. If both spouses want the house, the court may:
- Award it to one spouse and order a buyout of the other’s share
- Order the home to be sold and proceeds divided equitably
- Allow one spouse to retain exclusive use for a period (often until the youngest child turns 18), after which it’s sold
2. Neither Can Afford the Home Alone
This happens often in Boca Raton, where high property values mean high carrying costs. If neither party can afford the mortgage and upkeep:
- The home may be sold and proceeds split
- The spouses might agree to defer sale, with one staying temporarily and both sharing expenses
- A refinance may be explored to remove one party’s liability
3. The Home Is Underwater or Has No Equity
If the home has a mortgage greater than its value, this creates added complexity. The court will also equitably divide the liabilities, not just the assets.
In some cases, parties negotiate who takes on the debt in exchange for other property or support concessions.
Pro Tip: Get a current appraisal early in the divorce process. Property values fluctuate, and an accurate valuation is essential for fair division.
How a Divorce Lawyer in Boca Raton Can Help
Trying to navigate the emotional and legal complexities of who gets the house in a Florida divorce without an attorney is risky. A seasoned divorce lawyer in Boca Raton can help by:
- Determining whether the home is marital or non-marital
- Strategizing your best legal position if you want to keep or sell the home
- Negotiating buyouts, exclusive use, or deferred sale agreements
- Protecting your rights during property appraisals and financial disclosures
- Helping enforce your rights if your spouse stops paying the mortgage or damages the home
Your attorney can also draft or review Marital Settlement Agreements (MSAs) that outline what happens with the house—now and in the future.
Frequently Asked Questions About Dividing the Home in a Florida Divorce
Q: Is the house automatically split 50/50 in a Florida divorce?
A: Not necessarily. Florida law requires equitable, not equal, distribution. Courts aim for fairness based on the marriage’s circumstances.
Q: What if my spouse owned the house before marriage but we lived in it together?
A: That depends. If marital funds were used to pay the mortgage or make improvements, a portion of the home’s value may be subject to equitable distribution.
Q: Can I force the sale of the house during the divorce?
A: Possibly. If you and your spouse cannot agree on what to do with the home, the court may order it sold and the proceeds divided.
Q: Can I keep the house if I have the kids most of the time?
A: The court may allow the primary custodial parent to stay in the home for a period of time, especially if it’s in the best interest of the children.
Q: What if I can’t afford the mortgage after divorce?
A: The court may order the house to be sold or award it to the spouse who can refinance or assume the debt.
Dividing the marital home is one of the most critical—and emotional—decisions in any divorce. For residents of Boca Raton, where real estate often represents a family’s most significant asset, understanding equitable distribution in Florida is vital.
The court aims to divide property fairly, not just equally, and your specific circumstances matter. Whether you’re hoping to stay in the home or want your fair share from its sale, having an experienced divorce lawyer in Boca Raton can make all the difference.
Don’t guess your way through divorce. Contact Klein Law Group today and let us help you navigate equitable distribution with confidence.
