A frequently asked question during a Florida divorce is, "Who gets the house?" In many divorce cases, the family home holds significant emotional and financial value. For many couples, the home is one of the most valuable assets they have, and determining who gets to keep it can be a complicated process.

Marital Property vs. Non-Marital Property

Florida follows an equitable distribution model when dividing marital property in a divorce. This means that marital property will be divided fairly, but not necessarily equally. The court will consider various factors when determining what constitutes a fair division.

The first step in determining who gets the house is identifying whether it is considered marital or non-marital property. If the house was purchased during the marriage with joint funds, it is typically considered marital property. However, if the house was owned by one spouse prior to the marriage or was a gift or inheritance to one spouse, it could be considered non-marital property.

It’s important to note that even if the house is classified as non-marital property, the court can still take it into account when dividing other assets. For example, if one spouse is awarded the home, the other spouse may receive a larger share of other marital assets to balance out the division.

Factors That Influence the Decision

Several factors can influence who gets to keep the house in a Florida divorce. These include:

1. The children’s best interests: If the couple has children, the court may award the house to the parent who is the primary custodian of the children. This decision is made in an effort to minimize disruption to the children's lives, including their education, social circles, and overall stability.
   
2. The financial situation of each spouse: The court will consider the financial capacity of each spouse to maintain the house. If one spouse can afford to keep the house and the other cannot, the house may be awarded to the spouse with the financial means to keep it.
   
3. Equity and value of the house: The court will evaluate the equity in the home, which is the difference between the market value and any outstanding mortgage. If there is significant equity in the home, it could factor into the overall division of assets, and the court may decide who is best positioned to absorb that value.
   
4. Willingness of both spouses to keep the house: In some cases, both spouses may want to keep the home, and a buyout may be negotiated. This involves one spouse buying out the other’s share of the property so that they can retain full ownership.

Alternatives to Keep the House

In some cases, one spouse may not have the financial means to keep the house, even if they want to. If keeping the home is important to you, it’s recommended to assess your financial capabilities, including your ability to maintain the mortgage, property taxes, and upkeep.

If keeping the house is not financially feasible, the court may decide that selling the home and dividing the proceeds is the best option. This is especially true when neither spouse is financially able to maintain the home on their own.

How We Can Help

At Lane Law Firm, we understand the challenges you face in a Florida divorce, especially when it comes to dividing important assets like the family home. Our experienced attorneys are here to guide you through the process, advocate for your interests, and work towards a fair and equitable solution that reflects your needs.