Who gets the house in a divorce in Florida?

Posted by Antonio G. Jimenez, Esq. | Apr 20, 2023 | 0 Comments

In Florida, property division in a divorce is governed by the principle of "equitable distribution." This means that marital property, including assets and debts acquired during the marriage, must be divided fairly and equitably, although not necessarily equal. Non-marital property, which is property acquired before the marriage or through inheritance or gift, is generally not subject to division in a divorce.

Regarding the house, if the property is considered marital property, it must be included in the equitable distribution process. The court will consider various factors to determine a fair and equitable distribution of the house and other marital assets, such as:

1. Each spouse's contribution to the acquisition, improvement, or maintenance of the marital property, including the house.
2. The duration of the marriage and the economic circumstances of each spouse.
3. The desirability of retaining the marital home as a residence for dependent children and the custodial parent.
4. The intentional dissipation, waste, depletion, or destruction of marital assets by either spouse.
5. Any other factor necessary to achieve a fair and equitable distribution of marital property.

Based on these factors, the court may order that one spouse retains the house and compensate the other spouse with other marital assets of equal value. Alternatively, the court may order the house sold and divide the proceeds between the spouses fairly and equitably.

It's important to note that property division in a divorce can be complex and depend on the specific circumstances of each case. If you are going through a divorce in Florida and have questions about property division, it's recommended to consult with an experienced family law attorney who can advise you on your rights and options.

About the Author

Antonio G. Jimenez, Esq.

Managing Attorney and Founder


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