Division of Property: Who Gets the House in a Divorce in Florida

When couples divorce in Florida, one of the most significant concerns is the division of marital property, including the family home. Florida follows equitable distribution laws, which means that marital assets are divided fairly, but not necessarily equally, between spouses.

Factors Considered in Property Division:

Marital vs. Non-Marital Property: Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the title. Non-marital property typically includes assets owned before the marriage or acquired by gift or inheritance.

Contributions to the Marriage: The court considers each spouse’s contributions to the marriage, both financial and non-financial. This includes homemaking, childcare, and career sacrifices made for the family’s benefit.

Economic Circumstances: The financial situation of each spouse, including their income, earning potential, and liabilities, is taken into account when determining how property should be divided.

Best Interests of Children: If children are involved, the court may prioritize their housing needs and stability when deciding who gets the family home.

Who Gets the House?

Typically, there are several scenarios for the division of the family home:

Sell the House and Split Proceeds: Often, the house is sold, and the proceeds are divided between the spouses according to the equitable distribution principle.

Buyout by One Spouse: Sometimes, one spouse may buy out the other’s share of the house, allowing one to retain ownership while compensating the other for their share of the equity.

Shared Ownership Temporarily: In some cases, especially when children are involved, the court may order shared ownership for a specific period to provide stability for the children until they reach a certain age.

Seek Legal Advice

Navigating property division during divorce can be complex, especially regarding the family home. It’s crucial to seek guidance from an experienced family law attorney who understands Florida’s equitable distribution laws.

Jacobs Law Firm in Orlando specializes in family law matters, including property division in divorce cases. Their skilled attorneys can provide personalized advice and representation to protect your interests throughout the divorce process.

To schedule a consultation with Jacobs Law Firm, you can call (407) 335-8113 or email admin@familylawyerorlando.com. Contact them today to discuss your situation and receive expert guidance on who may be entitled to the family home in your divorce.

For more information about Jacobs Law Firm and their services, visit their website at www.familylawyerorlando.com.

This overview outlines the considerations and options regarding who gets the house in a divorce in Florida, emphasizing the importance of seeking legal counsel from Jacobs Law Firm to navigate the complexities of property division.