Selling a House During a Divorce in Broward County

For many couples in Broward, the house is the biggest thing they own together, and it's often the hardest thing to agree on. Some couples decide early that it should be sold. Others end up there after months of trying to make a buyout work. Either way, a few basics apply.

• If both spouses are on the deed, both have to sign the sale documents.
• If only one spouse is on the deed but the house is the family's homestead, Florida's Constitution generally still requires the other spouse to join in the sale. Title companies check for this.
• If the spouses can't agree, the divorce court can decide what happens to the house as part of dividing property under Florida's equitable distribution statute, section 61.075, including ordering a sale.

Talk with your family law attorney before signing a listing or a purchase contract while a divorce case is open. There may be orders in the case about the house.

• One spouse has moved out and nobody is paying the mortgage, taxes or insurance in full.
• The house needs work that neither spouse wants to pay for before listing.
• Showings are hard because one spouse still lives there, or because of tension in the house.
• The house is worth less than the mortgage. A short sale may be an option.

At closing, the title company pays off the mortgage, any liens and the closing costs. What's left is usually split according to the marital settlement agreement or a court order. Sometimes the attorneys ask the title company to hold the proceeds in escrow until the split is final.

A listed sale can mean months of repairs, staging and showings, and both spouses have to keep cooperating the whole time. An as-is sale to a direct buyer is one offer, no repairs, no showings, and a closing date both sides pick. It won't always bring the highest price, and if the house is in good shape, listing may net more. It usually makes the most sense when the house needs work or the timeline matters more than the last dollar. More on that on our divorce page.

Some divorces involve an inherited home too, with open permits or code issues. See how an inherited Plantation house with open permits sold as-is.

Fort Lauderdale, Pembroke Pines, Miramar, Coral Springs, Weston, Plantation and the rest of Broward County. We can talk with both spouses, or with each attorney. Call or text 305-812-9445, or tell us about the property.