Going through a divorce in Florida often brings up one big question: What happens to the marital home? For many couples, the house is their most valuable asset—and deciding whether to keep it, sell it, or fight for it can be a major source of stress.

If you’re wondering whether a judge can order the sale of the home, here’s what Florida law says and what you need to know.

Is the Marital Home Considered a Marital Asset in Florida?

Yes—Florida law presumes that any real estate owned by both spouses is a marital asset, even if it was purchased before the marriage. If the property is titled in both names as “tenants by the entireties” (a type of ownership for married couples), it belongs to both spouses equally.

This means that, in most Florida divorces, the home will be divided through a process called equitable distribution.

Can We Agree to Sell the Marital Home During Divorce?

Absolutely. If both parties agree, the simplest path is to privately agree to sell the home during the divorce process. Your agreement should include:

• When the home will be listed for sale
• Who will live there while it’s on the market
• Who will pay the mortgage and expenses
• How the net proceeds will be divided

Once the agreement is finalized, the court can adopt it as part of your final divorce judgment.

What Happens If One Spouse Doesn’t Want to Sell?

When you and your spouse can’t agree on what to do with the home, one of you must request a partition. A partition is a legal process used to divide or sell jointly owned property.

However, here’s the key:

A Florida court cannot order the home sold while you’re still legally married and hold the property as tenants by the entireties.

When Can a Florida Judge Order the Home Sold?

The court can only order the sale of the marital home after the Final Judgment of Dissolution of Marriage has been entered. At that point, the ownership of the home automatically changes from tenants by the entireties to tenants in common. This means each party owns a share (usually 50%) of the property individually.

Once that happens, the court can:

• Order the property sold under Florida’s partition laws (Chapter 64)
• Appoint a special magistrate or court clerk to handle the sale
• Divide the net proceeds between the spouses

How Does a Partition Sale Work in Florida Divorce Cases?

After the divorce is finalized, and if no agreement is reached, a partition action allows the court to order the sale of the home—sometimes through a public auction. However, a public auction often leads to a lower sale price than a private market sale.

That’s why it’s usually in both parties’ best interests to settle on a private sale before the court steps in.

Should I Hire a Divorce Attorney If Real Estate Is Involved?

Yes. Divorces involving real estate are often more complex, and mistakes can have long-term financial consequences. Whether you’re trying to keep the home, buy out your spouse, or ensure a fair division of the proceeds, having a knowledgeable Florida family law attorney on your side is essential.

Need Help Dividing the Marital Home in Your Florida Divorce?

If you’re going through a divorce and unsure what will happen to your home, we’re here to help. We have extensive experience handling divorce cases that involve real estate and can guide you through the process with clarity and compassion.

📞 Call our office today to schedule a consultation