Real Estate and the Marital Home

For many couples in Florida, the marital home is not only the largest financial asset they own but also the center of their family life. When divorce becomes a reality, deciding what will happen to the home is one of the most complex and emotionally charged issues in the case. Unlike other types of property that can be divided or sold with relative ease, the marital home carries financial, legal, and emotional weight. At Adams, Luka & Benton P.A., we work closely with clients to help them navigate the difficult questions surrounding real estate during divorce, ensuring that both their property rights and their long-term financial security are protected.

The home represents more than bricks and mortar. It is often the place where children were raised, holidays were celebrated, and years of memories were created. At the same time, it is a legal and financial asset governed by Florida's laws on equitable distribution. Because Florida is an equitable distribution state, marital property must be divided in a manner that is fair, though not necessarily equal. This means that the court will evaluate numerous factors when determining whether one spouse should remain in the home, whether it should be sold, or whether other property should be awarded to balance the distribution.

The stakes are high because the outcome can affect not only financial stability but also parental rights. For example, in child custody cases, the ability of one parent to remain in the marital home may provide stability for the children, which courts often view favorably when deciding time-sharing arrangements.

Not every property in a divorce is considered marital. Florida law draws a clear distinction between marital property, which is subject to division, and nonmarital property, which typically remains with the original owner. The marital home is usually considered marital property if it was purchased during the marriage or if it was purchased before marriage but later used as the family residence and maintained with marital funds.

There are situations, however, where ownership becomes more complicated. If one spouse owned the home prior to marriage but the other spouse contributed to mortgage payments, improvements, or upkeep, a portion of the property's value may be deemed marital. Similarly, if nonmarital property appreciates in value during the marriage due to the efforts of both spouses, the increase in value may be subject to division.

When divorce involves the marital home, there are a few different directions the case can take. The court or the parties themselves must carefully weigh the financial circumstances of each spouse, the needs of the children, and the broader property division plan before determining what should happen. Because the home is often both a valuable asset and a place of deep emotional significance, the outcome requires a balance of practicality and fairness.

One possible outcome is that a single spouse is awarded the home as part of the divorce settlement. This often occurs in situations where one parent will have primary responsibility for the children, since remaining in the family home can provide stability and minimize disruption. Retaining the home may also make sense if the property is closely tied to other marital assets in a way that allows for an equitable exchange. For instance, the spouse who keeps the home might agree to buy out the other spouse's equity, or they may accept fewer liquid assets, such as retirement accounts or investment holdings, to create a fair balance. In practice, this option depends heavily on whether the spouse who wishes to remain in the home can realistically afford the mortgage, insurance, property taxes, and maintenance costs moving forward.

In other cases, selling the marital home is the most practical resolution. This option can be emotionally difficult, since it often means leaving behind memories and familiar surroundings. However, if neither spouse is in a position to afford the ongoing costs alone, or if the financial value of the home is significant enough that it must be liquidated to divide assets fairly, selling becomes a necessary step. After the sale, the proceeds are divided between the spouses according to the terms of the divorce judgment. Courts will ensure that mortgages, liens, and selling expenses are addressed before the distribution, making sure that each party receives their rightful share. While this outcome can feel like a loss, it also allows both spouses to make a fresh start without the burdens of shared financial obligations tied to the property.

Another possible arrangement involves a deferred sale of the marital home, which allows one spouse, usually the primary caregiver of the children, to remain in the residence for a specific period of time before the property is eventually sold. This solution gives children continuity and stability during a difficult transition, ensuring they can stay in the same school district or community while adjusting to the changes in their family life. At the conclusion of the designated period, the home is sold and the proceeds divided. Courts may also award one spouse exclusive use and possession of the home even without a deferred sale, especially if doing so clearly serves the best interests of the children. While this arrangement may not provide a permanent solution, it strikes a balance by preserving stability for the family while still recognizing both spouses' ownership interests in the property.

Dividing the marital home is not only about who gets to live there. Mortgages, liens, property taxes, and insurance obligations all play a role. If the home has an outstanding mortgage, the spouse who keeps the property will usually need to refinance to remove the other spouse from the loan. Courts are cautious about leaving one spouse responsible for debt tied to a property they no longer own, so refinancing or selling often becomes necessary.

Liens on the property can also complicate matters. These may include judgments, unpaid taxes, or home equity loans. Resolving these obligations is often a prerequisite to transferring ownership or completing the sale of the home.

The court always places the best interests of the children above all else when addressing family law matters. When minor children are involved, the question of who will live in the marital home often overlaps with custody and time-sharing determinations. Courts may allow the custodial parent to remain in the home to minimize disruption for the children, particularly if it allows them to continue attending the same school and living in a familiar neighborhood.

However, courts must balance this with financial realities. If remaining in the home creates undue financial strain, selling may still be the better option. Our attorneys carefully present evidence to the court that highlights both the children's needs and the financial feasibility of different arrangements.

Some divorces involve marital homes that are tied to other complex financial arrangements. Vacation homes, rental properties, or homes held in trusts can create added challenges. Business ownership may also overlap with the marital home if part of the property is used for commercial purposes. In these situations, accurate property valuation is critical.

We work with financial experts, appraisers, and real estate professionals to ensure the property is valued correctly. An incorrect valuation can result in one spouse receiving far more or far less than they are entitled to under Florida law.

In certain situations, misconduct during the marriage may influence how the marital home is divided. For example, if one spouse intentionally damages the home during the divorce process, the court can impose consequences by awarding a larger share of the property's value to the other spouse. These situations are similar in effect to sentencing enhancements in criminal cases, where the severity of the conduct increases the penalty. In family law, destructive or fraudulent actions can enhance the penalties imposed in the division of property, leading to unfavorable outcomes for the spouse responsible.

Even after a divorce is finalized, disputes about the marital home can arise. For example, if the court ordered the sale of the property and one spouse refuses to cooperate, legal action may be required to enforce the order. If refinancing was ordered and the spouse fails to complete it, the other party may seek relief from the court. Post-divorce modifications may also be necessary if circumstances change in ways that affect the home or related financial obligations.

The marital home is one of the most significant issues in divorce, both financially and emotionally. Navigating the legal complexities requires careful planning and skilled advocacy. At Adams, Luka & Benton, we understand that our clients want not only fair financial outcomes but also peace of mind as they transition into a new chapter of their lives. Our attorneys combine knowledge of Florida's property laws with a practical understanding of real estate issues to provide comprehensive representation.

We believe in taking the time to listen to our clients' concerns, explain their options, and build strategies that reflect both their immediate needs and their long-term goals. Whether your case can be resolved through negotiation or requires litigation, we are prepared to advocate vigorously on your behalf.

If you are facing divorce and have questions about the marital home, the attorneys at Adams, Luka & Benton are here to help. Real estate issues can make divorce far more complicated than expected, and it is essential to have experienced legal counsel guiding you through the process. We will work tirelessly to protect your rights, ensure that your property is divided fairly, and help you secure a stable future.

Contact us today to schedule a consultation and learn more about how we can assist you. With the right legal team on your side, you can approach the process with confidence and clarity, knowing that your financial interests and your family's stability are being protected.