Divorce is one of life’s most challenging transitions. Amid emotional upheaval, financial stress, and uncertainty about the future, one of the biggest questions couples often face is: “What happens to the house?” If you and your spouse own a home — especially in a place like Deland, FL — you may wonder whether you are required to sell the house during the divorce or if there are alternatives.
In Florida, the fate of the marital home depends on several legal and financial factors. It’s not always a given that the house must be sold. Instead, the decision often comes down to what makes sense for both parties, considering equity, mortgage obligations, children’s needs, and long-term financial viability. This guide walks you through how the law works, what your options are, and what you should think about before deciding whether to sell or keep the home.
Understanding Divorce and Property Division in Florida
Marital vs. Separate Property: What’s the Difference?
Before you can determine whether the house must be sold, it’s essential to understand how the property is classified under Florida law. Broadly speaking, property in a divorce falls into two categories: marital (or marital assets) and non-marital (or separate property).
| Category | What it Includes (Usually) | Implication in Divorce |
|---|---|---|
| Marital Property | Assets acquired during the marriage — including a house bought during the marriage, or property titled jointly during the marriage. | Subject to “equitable distribution” — i.e. the court will divide fairly (not always equally). |
| Separate/Non‑Marital | Assets owned prior to marriage, or received individually via inheritance or as gifts — unless commingled or retitled during marriage. | Usually remains with the original owner, unless contributions from marital funds blur the line. |
Important nuance: Even if a home was owned by one spouse before marriage, if marital funds were used to pay the mortgage or to improve the home — or if the title was changed to include both spouses — then the house (or at least part of its increased equity) can become marital property subject to division.
Thus, the first step in any divorce involving real estate is to determine how the home is classified.
For more information on how divorce and property division work in Florida, visit the Florida Courts – Dissolution of Marriage page.
Principle of “Equitable Distribution” in Florida
Unlike “community property” states (where assets are often split 50/50), Florida follows equitable distribution under Florida Statutes § 61.075.
“Equitable” does not always mean equal. Instead, the courts consider factors such as:
- The financial contributions of each spouse during the marriage (income, mortgage payments, upkeep, improvements, etc.).
- Economic circumstances and future earning capability of each spouse.
- Duration of the marriage.
- Contributions in non‑monetary terms (e.g. homemaking, raising children, contributing to household in ways other than direct income).
- Whether marital assets were misused or wasted by one spouse.
Given these variables, the result can vary widely from case to case — which means there is no universal rule that the house must be sold in a divorce.
Do You Have to Sell the Family Home in a Divorce?
The short answer is: Not always. Whether you have to sell your house during divorce in Deland, FL depends on several factors.
Here are the main considerations.
Key Factors Influencing the Decision
- Whether the home is classified as marital property. If the home was acquired during the marriage (or marital funds were used), it is likely marital property.
- Equity in the home. If there’s substantial equity (home value minus mortgage), selling might make sense to fairly divide assets. If equity is low or negative, keeping the home might not be financially feasible.
- Which spouse wants to keep the home — and their ability to refinance. If one spouse wants to keep the house, they often must refinance the mortgage solely in their name or compensate the other spouse for their share.
- Who needs the home — children, stability, living arrangements. If children are involved, stability — school, community, friends — may make one spouse want to stay put. Courts may take this into account.
- Whether both spouses agree — and the practicalities of keeping the home. Continuing to jointly own a property post-divorce adds complexity, especially regarding mortgage payments, upkeep, and future decisions.
Because of these variables, there is no automatic requirement under Florida law that a home must be sold at divorce.
What are the Options (If You Don’t Want to Sell)?
If you’d prefer not to sell the house during divorce, there are several viable alternatives under Florida law.
| Option | What It Means | Pros | Cons / Considerations |
|---|---|---|---|
| One spouse keeps the home (Buyout) | One spouse refinances the home solely under their name and pays the other spouse their share (equity) | Stability for spouse & children; avoids sale costs and market risk | Requires sufficient income and credit to refinance; must pay other spouse fairly |
| Joint ownership, delayed sale | Keep the home jointly for a period (e.g. until children finish school), then sell | Maintains stability; postpones sale until optimal time | Ongoing financial obligations (mortgage, upkeep); potential for conflict between exes |
| Rent the property | Instead of selling, convert the home to a rental property | Could generate income; avoids sale under unfavorable conditions | Landlord responsibilities; still need agreement on division of rental income & costs |
| Sell the home and split proceeds | List the home, sell, pay off mortgage, divide net proceeds | Clean break; avoids shared obligations; fair division of equity | Emotional stress; selling costs; possible market timing issues |
Why Many Choose the Buyout or Joint-Ownership Route
- Children’s stability — Staying in a familiar home and neighborhood can help ease the emotional disruption for children.
- Avoiding costs associated with selling — Real estate commissions, closing costs, repairs, staging — all of these add up. Keeping the home avoids those costs.
- Time to make a better financial decision — Especially in a weak real-estate market, waiting before selling can result in a better sale price, avoiding a “fire sale.”
But keep in mind — many options require honest communication, cooperation, and a clear agreement between spouses. Without that, things can get legally messy.
What Happens Legally if You Do Sell: Process & What to Expect
If you and your spouse decide (or are forced) to sell the home, here’s how the process typically works under Florida law.
Step-by-Step Guide
- Determine Property Classification
Establish whether the home qualifies as marital or separate, based on purchase date, sources of funds, and title. - Agree on Sale (or File for Partition)
- Ideally, both spouses agree on sale terms (listing price, who stays how long, how proceeds are split).
- If one spouse disagrees, a court-ordered sale may be necessary — under a “partition action” once the divorce is final.
- Obtain Market Value / Appraisal
Have the home professionally appraised or use comparable sales to determine a fair market value. - List the Home & Market It
Decide whether to use a traditional real estate agent or consider other options (e.g., cash sale, if time is of the essence). - Close the Sale & Pay Off Mortgage / Debts
Use proceeds to pay off any outstanding mortgage, liens, or debts. - Divide Net Proceeds According to Agreement or Court Order
Equity — after mortgage and other obligations — is split per settlement agreement or court’s equitable distribution ruling.
What If One Spouse Doesn’t Want to Sell?
If there’s no agreement to sell, one spouse can file a partition action after the divorce is finalized (when tenure typically converts to “tenants in common”).
But forcing a sale via partition is not necessarily ideal — often resulting in public auction or sale under constraints, which may yield a lower price than a private sale.
Thus, in many cases, it’s beneficial (both financially and emotionally) to reach mutual agreement long before triggering a partition action.
For a detailed explanation of how Florida law divides property in divorce, check out this guide on property division in Florida divorce.
Why You Might Consider Selling Your House for Cash (Especially in a Divorce)
For many divorcing couples — especially those who want a clean break — a cash sale can offer several benefits:
- Quick closing — no long waits for mortgage approvals or loan contingencies.
- Minimal hassle — less need for repairs, staging, or multiple showings.
- Certainty — offers from cash buyers often come with fewer contingencies (no waiting for financing), reducing the risk of deals falling through.
- Stress reduction — selling to a cash buyer can minimize the back-and-forth often involved in traditional sales (showings, negotiations, inspections).
If you live in Deland, FL, and want to move on fast — either emotionally, financially, or geographically — a cash sale is often one of the easiest paths forward. How to Sell Your House Fast During a Divorce in Volusia County, FL is a great option for those needing quick closure.
Factors to Consider Before Deciding to Sell (or Keep) the Family Home in Divorce
Before making a decision, it’s important to weigh all relevant factors carefully. The following checklist can help you evaluate whether to sell or keep the home:
- Current mortgage balance vs. estimated sale value — Is there equity or is the home “underwater”?
- Ability of either spouse to refinance (income, credit, willingness).
- Costs associated with selling (repairs, staging, commissions, closing costs) vs. costs of keeping (mortgage, insurance, taxes, maintenance).
- Emotional cost — children’s stability, memories, comfort vs. desire for a fresh start.
- Timing & housing market conditions — is now a good time to sell or might the market improve?
- Legal implications — will the division be fair, and is there a legally enforceable agreement?
- Potential tax effects (capital gains, property tax reassessment) — depending on how long the home was owned, how it’s sold or transferred.
Common Misconceptions & FAQs
FAQ: Do I automatically have to sell the house if I get divorced in Florida?
No. Under Florida law, divorce does not automatically trigger a sale of the marital home. The house is treated like any other marital asset under equitable distribution — meaning the court or the spouses themselves decide whether to sell or allow one spouse to keep it.
FAQ: Can one spouse force the house to be sold?
Yes — but only under certain conditions. If spouses can’t agree, after divorce is final, one spouse can file a partition action which allows the court to order sale of the property and division of proceeds.
However, courts cannot force a sale while the couple is still legally married and owning property as “tenants by the entireties” (a form of joint ownership).
FAQ: Can I stay in the house during the divorce?
Yes. In many cases, both spouses retain equal right to remain in the marital home until property division is finalized.
But if one spouse requests exclusive possession (for example, due to domestic issues or custody needs), the court may grant a temporary order for one spouse to leave.
FAQ: What if the home was purchased before marriage?
It depends. While a pre-marriage purchase may classify the home initially as separate property, the use of marital funds to pay the mortgage or any commingling (such as retitling the deed jointly) can transform the property — or at least its increased equity — into marital property.
Practical Guidance for Homeowners in Deland, FL — What to Do Next
If you’re in Deland and considering your options regarding the marital home during a divorce, here’s a practical roadmap:
- Gather documentation
- Purchase deed & date
- Mortgage history (when purchased, payments, down payment, refinances)
- Records of any home improvements or repairs paid during marriage
- Any prenuptial or postnuptial agreements
- Determine property classification — marital or separate (or partly marital due to commingling).
- Get a professional appraisal to assess current fair market value.
- Calculate equity — estimate net value after mortgage payoff, liens, costs, etc.
- Discuss your goals and needs — with spouse (if possible), or with your attorney:
- Do you want to keep the home?
- Can you refinance?
- Do you want or need a quick sale?
- What’s best for children / stability / finances?
- Explore all options — buyout, rental, delayed sale, cash sale.
- Seek legal and financial counsel — especially if classification, equity, or agreements are complicated.
- If selling, prepare properly — consider timing, market conditions, and selling method (traditional sale vs. cash offer) for maximum benefit.
Why a Cash Sale Might Be a Smart Option (Especially If You’re Motivated to Sell Quickly)
For many divorcing couples — especially those who want a clean break — a cash sale can offer several benefits:
- Quick closing — no long waits for mortgage approvals or loan contingencies.
- Minimal hassle — less need for repairs, staging, or multiple showings.
- Certainty — offers from cash buyers often come with fewer contingencies (no waiting for financing), reducing the risk of deals falling through.
- Stress reduction — selling to a cash buyer can minimize the back-and-forth often involved in traditional sales (showings, negotiations, inspections).
For homeowners in Deland, FL, facing the stresses of divorce — juggling schedules, possibly children, new living arrangements — a cash sale may simplify life and provide closure sooner rather than later.
Potential Risks and Downsides of Selling or Keeping the House
If You Sell:
- Emotional toll — letting go of memories, stability, and familiarity.
- Selling costs and transaction fees (commissions, closing costs, possible repairs).
- Market risk — if the market is down, you may sell lower than hoped.
- Timing issues — needing temporary housing or rushing into a new place.
If You Keep:
- Financial responsibility — mortgage, property taxes, insurance, upkeep, utilities.
- Possible strains, especially if only one spouse can afford the payments; may require refinancing or buyout.
- Risk of lower liquidity — your asset is tied up in real estate instead of cash or investments.
- Potential complications if unity of ownership remains (especially if relationship with ex‑spouse remains complicated).
Because of these trade‑offs, it helps to carefully weigh both short-term and long-term impacts before deciding.
Real Estate + Divorce in Deland, FL — What Locals Should Know
If you’re in Deland (or Volusia County more broadly), some local/regional factors may influence your decision:
- Market conditions: Home values, demand, and time-on-market in Deland will affect how quickly and profitably a sale may occur. If the local market is slow or saturated, a sale might take longer or fetch less.
- Cost of living / property taxes / insurance: Florida often has specific cost considerations (insurance, taxes, homeowners association fees if applicable). Evaluate whether one spouse can manage these alone before committing.
- Availability of cash buyers or investors: In many parts of Florida, there is demand from cash buyers or investors, which may make a quick cash sale easier — helpful if you need a fast resolution.
- Life after divorce — moving plans, family stability, rental vs. buying elsewhere: After divorce you may relocate, downsize, or rent — so consider long-term plans when deciding whether to keep or sell the home.
Frequently Asked Questions (FAQs)
Q: Do I automatically have to sell the house if I get divorced in Florida?
A: No — filing for divorce does not automatically change ownership or require sale of the marital home. Until property division is finalized, both spouses retain equal rights.
Q: What if only one spouse wants to keep the home?
A: That spouse can try to refinance the mortgage solely in their name and buy out the other spouse’s equity share — if they have the financial capacity.
Q: Can a court force the sale without our agreement?
A: Yes — but typically only after the final divorce judgment, if one spouse files a partition action. Before that, both spouses usually retain the right to live in the home.
Q: What financial documents should I gather before deciding?
A: Deed/title paperwork, mortgage history (loan docs, payments), records of home improvements and repairs, financial statements, and any prenuptial/postnuptial agreements.
Q: Could selling to a cash buyer be beneficial in a divorce?
A: Absolutely — cash sales offer speed, convenience, fewer contingencies, and often avoid much of the stress and uncertainty of traditional home sales. For divorcing couples wanting a quick, clean break, this can be a very practical option.
Conclusion
If you’re going through a divorce in Deland, FL, the fate of your home does not have to be automatic. Under Florida’s equitable distribution system, there are multiple possible outcomes: you might sell and split the proceeds, one spouse might keep the home (buying out the other), you might hold on jointly for a while, or even convert the property to a rental.
The decision should be based on careful consideration of equity, financial capability, future housing needs, children’s stability, emotional readiness, and market conditions. For many, a clean, quick cash sale offers simplicity, speed, and closure — especially if the goal is to start fresh with minimal complications. But for others, keeping the home might offer stability and continuity.
At Buying Volusia Homes, we understand that selling a home during a divorce can be an emotionally and financially taxing process. That’s why we offer fast and fair cash offers to help you move on without the hassle of traditional sales. Whether you want to sell quickly, avoid lengthy negotiations, or simply need a fresh start, we are here to provide a seamless solution.
Ultimately, there is no “one size fits all.” The right path depends on your personal circumstances and goals. Before making any decision, it’s wise to gather documentation, get a professional appraisal, and consult with a family law attorney familiar with Florida divorce law — so you fully understand the ramifications.
If you’re ready to explore your options, contact us today. We’ll guide you through the process and offer a stress-free cash sale for your home.