Is Selling a House During Divorce in Orlando Complicated?
Yes — but you still have options, and the process doesn’t have to be hostile or messy. If you’re going through a separation or divorce and need to figure out how to sell your house in Orlando, it’s important to understand your rights, timing, and legal responsibilities.
In this guide, we’ll explain:
- Who owns what in Florida divorces
- Whether you must sell the house
- What happens to equity and mortgage balances
- How to sell a house during divorce without going to war
- How to sell fast if you need a clean break
How Divorce Affects Property Ownership in Florida
Florida is an equitable distribution state, meaning marital property is divided fairly (not necessarily 50/50). A home bought during the marriage is typically considered marital property, even if only one name is on the mortgage.
Unless a prenup or postnup states otherwise, both spouses may have a legal claim to the home — and its equity.
Who Gets the House?
- Jointly owned homes: Often sold and profits split, or one party “buys out” the other.
- Pre-marital homes: Can be tricky. If marital funds were used to pay mortgage or remodel, equity may still be split.
- Rental/investment properties: These follow similar division rules, depending on title and financial contribution.
Do You Have to Sell the House During Divorce?
Not always — but selling is often the simplest option when:
- Neither spouse can afford the home alone
- There’s significant equity to split
- The mortgage is in both names
- There’s no agreement on who gets the home
If one spouse wants to keep the house, they typically need to refinance and pay the other spouse their share of equity.
Pros and Cons of Selling the House During Divorce
| Pros | Cons |
|---|---|
| Clear division of assets | Emotional stress of selling |
| Avoids future disputes | Must coordinate sale |
| Allows for clean financial separation | Possible capital gains (if above IRS limit) |
| Prevents foreclosure (if struggling) | Slower if disagreements arise |
3 Main Ways to Sell a House During Divorce in Orlando
1. Traditional Listing with an Agent
If both parties agree, you can list the house on the MLS and sell it like any other transaction.
Best for:
- Homes in good condition
- No urgency
- Amicable communication between spouses
Tip: Use a neutral third-party agent who can represent both sides fairly.
2. One Spouse Buys Out the Other
If one spouse wants to keep the home, they must:
- Qualify for a mortgage on their own
- Refinance into their name only
- Pay the other spouse’s share of equity (cash out or offset)
This keeps the house, but ends joint financial ties.
3. Sell the House to a Real Estate Investor or Cash Buyer
If the divorce is contentious, time-sensitive, or the home needs repairs, you can sell the house directly to a cash buyer — no agents, no showings, no drama.
Best for:
- Homes with deferred maintenance or clutter
- Urgent timelines
- When fast division of funds is preferred
Why Some Divorcing Couples Choose Cash Buyers in Orlando
At Frank Jr. Buys Houses, we help couples in Orlando navigate fast, stress-free home sales during divorce. Here’s why it’s often the right choice:
- No repairs or clean-up required
- No commissions or agent fees
- Close in as little as 7 days
- We handle everything with discretion
You both get paid and move on — no showings, no appraisals, no back-and-forth.
Get a Free, No-Pressure Cash Offer Today
What Happens to the Profits After the Sale?
After paying off the mortgage, taxes, and closing costs, the remaining proceeds are divided based on your divorce agreement or the court’s order.
Important: Don’t assume it’s always 50/50. If one spouse paid more toward the home or paid for renovations, the court may adjust the split.
Make sure this is clearly outlined in your divorce decree.
How to Avoid Legal Disputes Over the Home
- Get a written agreement on who handles the sale
- Agree on pricing and terms before listing
- Put all decisions in writing
- Use a neutral attorney or mediator if needed
- Don’t sabotage the sale out of emotion — it’ll only cost you both
What If You’re Already in the Middle of Divorce Court?
You can still sell the house — but you’ll need:
- Consent from both parties
- Court approval if one party objects
- Coordination with divorce attorneys
Some couples wait until the divorce is finalized, but that may take months or years. If the home is a major asset, selling it earlier may simplify everything.
Common Questions About Selling a House During Divorce in Orlando
Can I sell the house without my spouse’s consent?
Not if they’re a legal owner. You’ll need both signatures, or court approval.
What if my spouse won’t agree to sell?
A judge can order the sale if it’s deemed equitable. Work with your divorce attorney.
How is equity calculated?
The sale price minus the mortgage payoff and selling costs = net equity. This is what gets divided.
Can we sell during separation?
Yes. You don’t need to be officially divorced to sell — but it’s smart to have a written agreement about proceeds.
Final Thoughts: Selling House During Divorce in Orlando
Divorce is emotional — but selling your home doesn’t have to be chaotic. If you’re wondering how selling a house during divorce in Orlando works, start with honest communication, clear legal advice, and the right selling strategy for your situation.
If you need to sell quickly, don’t want to deal with realtors, or can’t agree on repairs and pricing, consider a cash offer from a local Orlando buyer like Frank Jr. Buys Houses.
- No stress
- No agent commissions
- Just a fair, fast solution
Ready to talk confidentially? Contact us here or call (305) 775-8750