Going through a divorce in Orlando? Wondering how your home will be divided? In Florida, property division follows specific legal guidelines. In this guide, we break down what you need to know about house division in Orlando divorce and how it may impact your future.
Table of Contents
- What Florida Law Says About Property Division
- Is the House Marital or Separate Property?
- Who Gets the House in a Florida Divorce?
- Selling the Home vs. One Spouse Keeping It
- What Happens to the Mortgage?
- Can You Buy Out Your Spouse?
- Working With a Cash Buyer for Quick Resolution
- FAQs About House Division in Orlando Divorce
1. What Florida Law Says About Property Division
Florida follows equitable distribution laws — which means marital property is divided fairly, but not always equally.
If you’re facing house division in an Orlando divorce, you should understand that:
- The court looks at fairness, not a strict 50/50 split.
- Factors like child custody, income, and contribution to the marriage matter.
- The judge has wide discretion if you and your spouse can’t agree.
2. Is the House Marital or Separate Property?
Before dividing property, the court determines whether the home is marital or non-marital:
- Marital property: Purchased during the marriage, regardless of who paid.
- Non-marital property: Owned before marriage or inherited, unless co-mingled.
If you bought the home before marriage but added your spouse to the deed or used joint funds for the mortgage, it may now be considered marital property.
3. Who Gets the House in a Florida Divorce?
This is one of the most common questions about house division in Orlando divorce — and there’s no one-size-fits-all answer.
Factors courts consider:
- Custody of children: The parent with primary custody may be awarded the house to provide stability.
- Ability to afford mortgage: The court may give the home to the spouse who can afford to maintain it.
- Fairness and contribution: Financial and non-financial contributions (e.g., homemaking) are considered.
If both spouses want the home and can afford it, it may be sold and the profits split.
4. Selling the Home vs. One Spouse Keeping It
Option 1: Sell the home and split the proceeds
- Simplifies division
- Removes ongoing entanglement
- Great option if neither party can afford the home solo
Option 2: One spouse keeps the home
- Often involves a buyout
- Requires refinancing to remove the other from the mortgage
- The buying spouse typically pays half the equity
In a contentious divorce, selling the home is often the cleanest solution.
5. What Happens to the Mortgage?
Even if one spouse is awarded the home, both parties remain liable for the mortgage unless:
- The loan is refinanced in one name, or
- The home is sold
This is crucial in Orlando divorce house division, especially if one spouse cannot afford refinancing.
6. Can You Buy Out Your Spouse?
Yes — a buyout means one spouse pays the other for their share of the home’s equity. The amount is based on the:
- Current market value
- Outstanding mortgage
- Home equity divided fairly
Example:
- Home value: $400,000
- Mortgage: $200,000
- Equity: $200,000 → Split = $100,000 each
- Buyout = $100,000
7. Working With a Cash Buyer for Quick Resolution
In many Orlando divorce house division cases, the best path forward is selling the home quickly — especially if:
- You need to divide assets fast
- There’s equity to preserve
- You want a clean break
Frank Jr Buys Houses specializes in working with divorcing couples. We buy homes as-is, no matter the condition — with no agents, no repairs, no commissions.
We work discreetly and professionally to help both parties move forward with less stress and more speed.
8. FAQs About House Division in Orlando Divorce
Can one spouse force the sale of the home in divorce?
Yes — if the home is considered marital property, one spouse can petition the court to order a sale.
Can both spouses keep the house after divorce?
In rare cases, yes — especially if they co-parent under the same roof or choose to rent the house together. But this often leads to future complications.
What if the home is under water?
If you owe more than the house is worth, options include:
- Short sale (with lender approval)
- One spouse keeping it and continuing payments
- Negotiated agreement as part of settlement
How do I get my name off the mortgage?
You must refinance the loan in the other spouse’s name — or sell the property.
Should I sell before or after the divorce is finalized?
Selling during divorce can be strategic. It helps avoid future disputes and divides equity cleanly — but timing should be discussed with your attorney.
Final Thoughts: Protect Your Rights During House Division
If you’re facing house division in an Orlando divorce, the most important thing is to:
- Know your legal rights
- Understand your financial reality
- Seek professional guidance (attorney + local real estate expert)
And if you need to sell fast, fairly, and privately — we’re here to help.
Ready to Sell Your Home During Divorce in Orlando?
Frank Jr Buys Houses has helped Florida homeowners navigate complex life changes like divorce, probate, and foreclosure. We’re a trusted cash homebuyer in Orlando and understand the sensitivity involved in splitting assets.
Get a no-obligation cash offer today Or call us at (305) 775-8750