Florida Is an Equitable Distribution State

Florida divides marital property equitably — fairly, but not necessarily equally. The marital home is typically the largest marital asset and must be addressed in the divorce settlement. Options include:

• Sell and split proceeds — The most common outcome; both spouses receive their share
• One spouse buys out the other — The remaining spouse refinances the mortgage in their name alone
• Deferred sale — One spouse stays in the home temporarily (common when minor children are involved), with a sale triggered later

Both Spouses Must Agree to Sell

Both spouses must sign the listing agreement and the purchase contract. If one spouse refuses to cooperate, the other can petition the court to compel the sale — but this adds time and legal costs.

Why a Cash Sale Works Well in Divorce

Divorce sales benefit from speed and certainty. A cash buyer eliminates the complications that derail traditional sales:

• No financing contingency that can fall through
• No repair negotiations between spouses who can't agree
• Fast closing — often 7–14 days — so both parties can move forward
• As-is purchase — no need to coordinate repairs or staging

Practical Steps

1. Agree on the sale with your spouse (or obtain a court order)
2. Decide how proceeds will be split before signing any contract
3. Get a cash offer — both spouses review and sign
4. Title company handles the payoff and distributes proceeds per the divorce agreement
5. Both spouses sign closing documents (can be done separately)

Tax Considerations

Married couples filing jointly can exclude up to $500,000 in capital gains from the sale of a primary residence. If the divorce is finalized before the sale, each spouse may only exclude $250,000. Timing the sale relative to the divorce finalization can have significant tax implications — consult a tax professional.