If you’re going through a divorce in Melbourne, FL, selling the house you shared is often the most complicated part of dividing everything up. This guide covers how Florida treats the marital home, why a guaranteed cash offer can simplify the sale, and what the process looks like step by step.
A home is usually the largest asset a couple owns together, and it can’t be divided the way a bank account can. Someone has to buy the other out, or the house has to be sold and the proceeds split. Working through that calmly, with clear information, makes the rest of the divorce easier to manage.
How Florida Handles the Marital Home in a Divorce
Florida is an equitable distribution state, not a community property state. Under Florida Statute 61.075, marital assets, including a home bought during the marriage, are divided fairly between spouses, though that doesn’t always mean an exact 50/50 split.
It generally doesn’t matter whose name is on the deed. If the home was purchased, or is still being paid off, during the marriage, it’s typically treated as marital property and factored into the settlement, along with any equity in it.
Not everything gets split. Property one spouse owned before the marriage, inherited individually, or received as a gift is usually treated as separate property and kept out of the settlement, as long as it wasn’t mixed with marital funds along the way.
Selling the house usually requires both spouses to agree to the sale and sign the closing documents. If one spouse won’t cooperate, the other can ask the court to order the sale as part of the divorce judgment, which can add months to the process.
If the house is your primary residence, it likely carries a homestead exemption on your property taxes. That exemption doesn’t stand in the way of a sale. It simply ends once the home changes hands, and the new owner applies for their own.
Why a Guaranteed Cash Offer Can Simplify the Sale
A traditional listing adds months of showings, financing contingencies, and buyer negotiations on top of an already difficult time. A guaranteed cash offer removes several of those variables.
- Speed. We can often close in as little as seven days, so neither spouse has to keep covering the mortgage, insurance, and taxes on a house you’re both ready to leave behind.
- Certainty. A guaranteed net offer isn’t contingent on a buyer’s mortgage approval or a lender-ordered appraisal, so the sale is far less likely to fall through partway.
- A clean split. One closing produces one net number, which makes it easier for both spouses and their attorneys to divide the proceeds according to the settlement.
We evaluate your home’s current condition and send a written, no-obligation offer, so there’s no negotiating over repairs or appraisal gaps once you’ve accepted it. You can see exactly how the process works on our sell your house page before deciding if it’s the right fit.
Step-by-Step: Selling Your House for Cash During a Divorce
- Agree on the sale, or get a court order. Confirm with your spouse, or through your attorneys, that selling is the plan, and put the agreement in writing along with a target closing date.
- Request a guaranteed net offer. We look at your home’s current condition and send you a written offer, usually within a day or two of seeing the property.
- Review the offer together. Both spouses, and any attorneys involved, review the number and terms before signing off.
- Pick a closing date. Because the offer isn’t tied to a lender’s timeline, you can close in about seven days or push the date out further if your settlement needs more time.
- Close and split the proceeds. At closing, funds are disbursed according to your divorce settlement or court order, with no agent commission coming out of either side.
Whatever timeline you settle on, put it in writing, including who handles showings, paperwork, and access to the house, so there’s no confusion once the process starts.
Frequently Asked Questions
Do both spouses have to agree to sell the house in a Florida divorce?
In most cases, yes. Florida courts prefer spouses to agree on selling a marital home. If you can’t reach an agreement, a judge can order the sale as part of the final divorce judgment.
Will the proceeds automatically get split 50/50?
Not necessarily. Florida’s equitable distribution rules aim for a fair division, not an automatic even split. How the proceeds are divided depends on your settlement agreement or the court’s ruling.
How fast can we actually close?
Once both spouses accept a guaranteed net offer, we can often close in about seven days. Some couples choose a later date to match their settlement timeline instead.
Do we still pay a real estate commission if we sell for cash?
No. There’s no listing and no agent involved, so there’s no commission coming out of the sale price. What you’re offered is what gets divided.
What if we can’t agree on whether to sell?
Talk to your family law attorney first. If you and your spouse reach an agreement on your own, or a judge orders the sale, we’re happy to walk both of you through what a guaranteed cash offer would look like.
Give us a call anytime at (321) 241-9953 or
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We’ll evaluate your home’s current condition, send you a guaranteed net offer, and let you decide if selling to us makes sense for your situation. Reach out any time. We’re glad to talk through your options with no obligation.