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Who Gets the House in a Divorce in Florida

Understand property division in Florida divorces

Navigating a divorce is challenging, not least when deciding who gets the house in a divorce in Florida. It is a question that may have far-reaching implications on your financial security and your emotional well-being. At Figueroa Law Group, we are here to help you answer it with clarity and peace of mind.

Our family law attorneys at Figueroa Law Group have navigated countless divorce cases, guiding clients through the complexities of asset division. We understand the Florida divorce law landscape inside and out, and will use that knowledge to help our clients protect their interests.

A home is more than just a property. It is a space filled with memories, a haven that provides comfort and security. We recognize how crucial it is to resolve this matter with sensitivity and fairness.

Ready to talk? Contact us today. Let us help you navigate this process, providing you with the legal advice and representation you need during this challenging time.

What are Florida’s Laws on Dividing Property in a Divorce?

In Florida, the laws governing property division during a divorce are rooted in the principles of equitable distribution. That means the court seeks to divide marital assets – including the house – fairly, but not necessarily equally, between both parties. Below is a closer look at these principles:

Understanding Marital and Non-Marital Assets

Assets in Florida divorces are classified as either marital or separate. Separate property (or non-marital property) typically includes items one spouse owned before marriage, gifts received by one spouse, inheritances, and items bought with separate property. Even income from non-marital property is usually considered disassociated.

However, marital property is not just about assets acquired during the marriage. It can also include the increase in value of separate property, like a business owned by one spouse before marriage. The increase in value of that business during the marriage is often considered marital property, as are retirement benefits earned during the marriage.

In some instances, a valid prenuptial agreement can affect these classifications. A prenup may designate certain assets as separate or specify how property should be divided in a divorce.

Remember, these are general guidelines, and each case is unique. For advice tailored to your situation, contact us at Figueroa Law Group.

Equitable Distribution: Fair, But Not Always Equal

Florida law uses the concept “equitable distribution” for dividing marital property in a divorce. That means the court aims for a fair distribution, which is not always a 50/50 split. Several factors can influence this division:

  • The length of the marriage
  • The financial situation of each spouse
  • Contributions to the marriage, which could include:
    • Financial contributions
    • Homemaking activities
    • Child-rearing efforts
  • The court also looks at each spouse’s contribution to acquiring marital assets. For instance, if one spouse significantly contributed to buying or improving a home, that could influence who gets the house.

Remember, your specific situation will greatly impact how these laws apply to you. For advice catered to your circumstances, call us at Figueroa Law Group.

Who Gets the House in a Florida Divorce?

The question “Who gets the house in a divorce in Florida?” does not have a one-size-fits-all answer. That will depend on a range of factors the courts consider under the equitable distribution principle. The court may consider:

Marital or Nonmarital Asset

As previously discussed, if the house is deemed a non-marital asset, it may not be subject to division. But if it is considered a marital asset, then it enters the division process.

Financial Capabilities of Both Parties

In a divorce, the court looks at each spouse’s financial situation. If one spouse can comfortably cover the house expenses (like mortgage, taxes, and maintenance), that spouse may be more likely to get the house. However, every situation is unique. If you have questions about your case, do not hesitate to call us at Figueroa Law Group. We are here to help.

Children’s Interests

When kids are part of a divorce case, the court often makes decisions prioritizing their well-being. That includes minimizing disruption to their lives. Therefore, the court may allow the parent who primarily tends to the children to stay in the family home. This arrangement often lasts until the children are grown up or until they reach a specific age to provide continuity and stability in their lives.

Willingness to Buy Out the Other Spouse

In a divorce, if one spouse wishes to keep the house, they might have the option to “buy out” the other spouse. That means they would pay the other spouse their share of the house’s value, allowing them to become the sole owner. Both spouses must agree to this arrangement, and the buying spouse must have the financial means to afford the buyout.

Selling the Home

Sometimes in a divorce, neither spouse can afford to keep the house, or they may not agree on who should get it. In these situations, the court may order the house to be sold. The money from the sale is then divided between the spouses in a way the court deems fair.

Remember that the ultimate decision lies with the court, based on careful consideration of various factors. While this can be stressful, having a knowledgeable legal team with you can make all the difference. 

We are committed to helping our clients navigate these complex decisions at Figueroa Law Group. Talk to us if you are in the midst of a divorce and unsure about your next steps. We are here to help you explore your options and find a path that works for you.

Get the Legal Support You Need From a Florida Divorce Attorney

Navigating through a divorce and figuring out who gets the house in a divorce in Florida can be challenging. But remember, you do not have to do it alone. At Figueroa Law Group, we have extensive experience guiding people like you through these complex situations.

And our support does not stop with divorce cases. We also provide services in other areas of family law, such as adoption, alimony, guardianship, and more. We work hard to provide comprehensive legal assistance to meet all your family law needs.

Do not face these challenges alone. Contact us today and let our legal team at Figueroa Law Group provide the guidance you need to navigate your way forward.

Facing Divorce or other family law matters? We can help!

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Please note that a small fee will be charged for the initial consultation.

Please note that a small fee will be charged for the initial consultation.

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