Should You Keep the House in a Florida Divorce?

One of the biggest questions that comes up during a divorce is whether it makes sense to keep the marital home. It’s a deeply personal decision, but it’s also one with major financial consequences — especially in Florida, where we follow equitable distribution laws.

If you’re facing this question, here are a few important things to consider.

What Happens to the House in a Divorce?

In Florida, marital property is divided equitably — not necessarily 50/50, but in a way the court finds fair. If the home was purchased during the marriage, it’s generally considered a marital asset, even if only one spouse is listed on the title.

In many cases, one spouse may keep the home while the other receives a buyout or a greater share of other assets to offset the value. Sometimes, especially if neither person can afford the home alone, it’s sold and the proceeds are divided.

Can You Afford to Keep the Home?

It’s easy to focus on whether you can cover the mortgage, but the real question is whether you can afford the home in full. That means accounting for property taxes, insurance, maintenance, HOA fees, and ongoing costs like utilities and repairs.

A house can become a financial burden quickly if you’re living on one income or facing other post-divorce expenses.

What Are You Giving Up to Keep It?

If you want to keep the home, you may be giving up other valuable marital assets — like retirement accounts, investment funds, or business interests — in exchange. That might leave you with a lot of equity on paper, but not much cash in hand.

Sometimes clients end up “house rich” but “cash poor,” which can make life much harder after divorce.

What About the Kids?

Courts in Florida always look at what’s in the best interest of the children. If you’re the primary caregiver or have the majority of timesharing, the court may allow you to remain in the home temporarily for stability.

But it’s important to remember that staying in the home doesn’t always mean you get to keep it long-term. You may still need to refinance, buy out the other party, or eventually sell the property.

Also, if one parent isn’t available during their scheduled time, a right of first refusal may be a helpful option to include in the parenting plan. That way, the other parent gets the opportunity to watch the children before outside care is used.

Can You Refinance the Mortgage?

If you plan to keep the house, you’ll likely need to refinance the mortgage into your name alone. That requires qualifying based on your credit, income, and debt — just like any other mortgage.

If refinancing isn’t an option, the only real alternatives are negotiating a co-ownership agreement (which comes with risks) or selling the home.

Don’t Forget About Taxes

If the home has gone up in value over the years, selling it might trigger capital gains taxes. That said, many divorcing couples can avoid taxes on the first $500,000 in gain (or $250,000 for a single filer) — but there are specific rules that apply.

It’s a good idea to speak with a CPA or tax advisor before making any final decisions.

So, Should You Keep the House?

There’s no one-size-fits-all answer. It often comes down to this:

• If you can afford it comfortably, qualify to refinance, and keeping the home makes sense for your family — it may be worth holding on to.

• If you’d have to stretch your budget, give up too much else, or deal with expensive repairs — it may make more sense to sell and start fresh.

Talk to a Family Law Attorney Before You Decide

Keeping the home might feel like the right thing emotionally, but we want to be sure it’s the right thing financially too. At Vette Law, we help our clients take a practical look at the numbers, so they can make choices that support both their short-term needs and long-term stability.

If you’re going through a divorce and trying to decide what to do with the house, reach out. We’re here to help you understand your options and protect what matters most.

Contact us today to schedule a consultation.