Yes, you can sell your house during a divorce in Florida if both spouses agree or a court authorizes the sale. If the house is your primary residence and qualifies as homestead property, both spouses generally need to agree to the sale. If your spouse refuses or you need to sell fast, you may still have options, including seeking a court order or selling to a cash buyer once the necessary approvals are in place.
If you are going through a divorce, the house may be one of the biggest questions on your mind. It may hold years of memories, family routines, and plans you once made together.
Now you need to figure out what happens next. Do you have to sell? Can one spouse keep it? And what does the process look like under Florida law?
You’re not alone in this. Florida’s divorce rate runs higher than the national average: 2.8 per 1,000 residents in 2024 compared to roughly 2.3 nationally, according to the most recent provisional data available from the CDC’s National Center for Health Statistics (NCHS), the federal agency that tracks births, deaths, marriages, and divorces. So if you’re navigating this right now, you’re one of a lot of Florida homeowners asking these exact questions. This guide explains how selling a house during a divorce works in Florida. We’ll cover who needs to sign, what you can do if your spouse will not cooperate, when it may make sense to sell, and which costs to expect.
Before we get into it, remember that this article is for general information only. It is not legal advice. Every divorce is different, so a Florida family law attorney should review your specific situation. Use this guide to understand the basics and prepare the right questions.
Key Takeaways
- Selling during a divorce in Florida generally requires both spouses’ agreement, or a court order, especially if the home is homestead property.
- Under the Florida Constitution, a spouse must consent to sell homestead property, even if their name isn’t on the deed.
- Selling while still legally married can help preserve the $500,000 joint capital gains exclusion (the home-sale profit a married couple filing jointly may exclude from federal income tax), but this depends on your filing status for the tax year of the sale, not just the sale date itself, so timing matters more than it seems.
- A divorce decree divides who owns the home, but it doesn’t automatically remove either spouse from an existing mortgage. That takes a payoff at sale, a lender-approved assumption (one spouse taking over the loan) with a release of liability (freeing the other spouse from it), or a refinance.
- A cash sale can close in 5 to 7 days, which can lower conflict and shorten how long you’re financially tied to your ex-spouse.
Selling House During Divorce Options Overview
Here’s a sumary of how selling during a Florida divorce compares across your main options, so you can see the trade-offs at a glance before we walk through each one.
| PATH | TYPICAL TIMELINE | REQUIRES SPOUSE’S COOPERATION? | BEST FOR |
|---|---|---|---|
| Sell with mutual agreement | 84 days, listing to closing, statewide single-family median for August 2026 per Florida Realtors (traditional), or as little as 5 or 7 days after signing (cash) | Yes | Couples on speaking terms about the house |
| Sell via court-ordered sale (interim partial distribution) | Several months or longer, depending on the court and case | No, court intervenes | An uncooperative spouse blocking a needed sale |
| Buy out your spouse | Often 30 to 60 days or longer, depending on financing or lender approval | Yes | One spouse who wants to keep the home and can qualify alone |
| Co-own temporarily | Until the agreed or court-ordered sale date | Yes, long-term | Parents keeping stability for kids short-term |
Every one of these paths has real trade-offs, and there’s no universally “right” choice. Let’s review your options so you can decide what fits your situation.
Should You Sell, Buy Out, or Co-Own the House in a Florida Divorce?
You have three real paths for the marital home in a Florida divorce: sell it and split the proceeds, have one spouse buy out the other’s share, or continue co-owning it for a while longer. Each one trades speed, cost, and how entangled you’ll stay with your ex-spouse.
Before you lock in a decision on how to sell, it’s worth pausing here. A lot of couples jump straight to “sell fast” without weighing whether a buyout might actually serve them better.
Sell The House
Selling and splitting proceeds is often the cleanest break. Neither of you stays tied to a mortgage or a maintenance bill together, and you both walk away with a defined amount of cash. It’s also usually the fastest way to fully separate your finances.
Buy Out The House
A buyout works if one spouse genuinely wants to keep the home and can either refinance the mortgage solely in their name or get the lender to approve a mortgage assumption with a release of liability for the other spouse. That’s the catch, though: a lot of buyouts stall right here, because qualifying to take on a mortgage alone, whether through refinancing or assumption, especially right after a divorce, is harder than it sounds. If the lender won’t approve either path, both spouses often stay tied to the loan anyway, which defeats the purpose.
If alimony is part of your divorce, there is an important change in Florida law to know about. Permanent alimony is no longer available in final judgments entered on or after July 1, 2023. Durational alimony, support paid for a set period, is also limited based on the length of the marriage.
Older permanent alimony orders were not automatically canceled. They generally remain in place unless someone asks the court to modify them and the request is approved. But if your divorce is still in progress, the newer rules will likely apply when the final judgment is entered.
This can affect decisions about the house. If you were relying on long-term support to afford a buyout or feel comfortable keeping the property together for a while, talk with your attorney before making plans. The numbers may look different under the current rules.
Co-Own the House
Co-owning after a divorce sounds simple on paper: split ownership, maybe one parent stays with the kids, but it means staying financially entangled with your ex-spouse indefinitely. It can work for a defined, short window, until a child graduates, for instance, but open-ended co-ownership tends to create more conflict down the road, not less.
For many Florida couples, selling the house is the simplest way to untangle their finances and move forward. That is especially true when one or both people need money for a new place or want to get off the shared mortgage.
Can I Sell My House During a Divorce in Florida?
Yes, you can sell your house during a divorce in Florida, either by mutual agreement between both spouses or through a court order if you can’t agree. Which path applies to you depends on whether both names are on the deed and whether the property counts as your homestead.
A lot of people assume they have to wait until the divorce is final before selling the house, but that is not always the case. Many couples sell while the divorce is still underway, or even before either spouse files. In some situations, taking care of the house early can make the rest of the process easier.
What happens next usually comes down to two questions: do both spouses agree to sell, and whose approval is legally required?
Can a Married Person Sell a House Alone in Florida?
No, in most cases, a married person cannot sell a house alone in Florida if the property is homestead property. Under the Florida Constitution, both spouses must consent to the sale, even if only one spouse’s name is on the deed. This rule stays in place until your divorce is legally final.
That last part surprises a lot of people. A lot of homeowners assume that if their name is the only one on the deed, they’re free to sell whenever they want. In Florida, that’s simply not how it works for your primary residence, and it doesn’t matter whether you and your spouse are separated, living apart, or already deep into the divorce process. Until a judge signs off on your final judgment, or issues a specific court order saying otherwise, Florida’s homestead protection requires both signatures.
If You’re the Only One Willing to Sell
Needing your spouse’s signature can feel unfair, especially if you have been the one making the mortgage payments. But Florida law requires both spouses to have a say before a homestead property can be sold. The rule is meant to protect the family home, not create a technical loophole.
That does not mean you are stuck. You will either need your spouse to cooperate with the sale or ask the court to step in.
If Your Spouse Refuses to Sell
If your spouse won’t agree to sell, your attorney may ask the family court to address the property before your divorce is final. Under Florida Statute § 61.075(5), you can request an interim partial distribution of marital assets if you can show extraordinary circumstances, such as needing to prevent foreclosure. The judge will review your situation and decide whether early action is justified. However, this doesn’t guarantee the court will order the house sold.
Florida law lists several factors a judge must consider when deciding whether good cause exists, though the list isn’t exhaustive; judges can weigh other circumstances too. The named factors include whether you need funds to avoid foreclosure or repossession, whether you’re at risk of losing your housing, whether a marital debt is going unpaid, whether there’s a tax lien involved, or whether a dependent child has an unmet need. Attorney’s fees and court costs can factor in as well. If your situation touches on any of these, or comes close, your attorney can petition the court on your behalf and make the case for extraordinary circumstances.
How to Sell a House During a Divorce in Florida
To sell a house during a divorce in Florida, both spouses typically need to sign the listing or purchase agreement, and proceeds usually go into escrow, a neutral account held by a third party, until your settlement or decree determines how they’re divided. If your spouse won’t cooperate, you can petition the court for an interim distribution instead.
Once you know whether you’re working with your spouse’s agreement or a court order, the actual process follows two pretty different paths. Let’s walk through both.
If Both Spouses Agree
When both spouses are on board, selling during a divorce looks a lot like a normal home sale, with a few extra steps. Both of you will need to sign the listing agreement if you’re going the traditional route, or the purchase agreement if you’re selling to a cash buyer.
It helps to agree on a few things before the sale gets moving. Decide what price you are willing to accept, who will handle showings or talk with the buyer, and where the money will be held until it is divided.
Put those decisions in writing, even if it is just a simple agreement between the two of you. Having something clear to refer back to can prevent arguments later.
If Your Spouse Won’t Cooperate
If your spouse is dragging their feet or refusing outright, start documenting everything: your attempts to communicate, any financial strain the delay is causing, and anything relevant to the “good cause” factors we just covered. Bring this to your attorney sooner rather than later.
Your attorney may suggest mediation first because it is often quicker and less expensive than asking a judge to step in. If you still cannot reach an agreement, your attorney may be able to request an interim distribution from the court.
A cash sale may also make the process easier when one spouse is not cooperating. There are no showings to schedule and fewer buyer negotiations to work through, which leaves fewer decisions for either person to delay.
When to Sell a House During a Divorce in Florida
When to sell a house during a divorce in Florida often depends on your tax situation, your mortgage, and how contested your divorce is. Selling while you still qualify to file a joint return can preserve a larger tax exclusion if you also meet IRS ownership and residence rules, while waiting can offer more stability if kids are involved.
| TIMING | CAPITAL GAINS EXCLUSION | MORTGAGE LIABILITY | DIVISION CONSIDERATIONS |
|---|---|---|---|
| Before you file | Up to $500,000 if you qualify to file a joint return and meet IRS ownership and use tests (generally owning and living in the home 2 of the last 5 years) | Both spouses remain liable if both are borrowers on the mortgage | Proceeds typically split by mutual agreement |
| During the divorce case | Up to $500,000 if your divorce isn’t final by December 31 of the sale year and you still qualify to file jointly | Both spouses remain liable if both are borrowers on the mortgage | Court can fold proceeds directly into the decree |
| After the final judgment | Up to $250,000 per qualifying person, typically filing as single or head of household | Continues for both spouses on the mortgage until payoff, or a refinance or lender-approved assumption with release of liability | Requires post-decree coordination between ex-spouses |
Complexity in any of these scenarios depends more on your specific decree, title situation, and how well you and your ex-spouse communicate than on timing alone. A finalized judgment can sometimes make the process more straightforward, not less, since the terms are already settled.
Selling Before You File
Selling before you even file for divorce keeps things simple, since you’re still married and there’s no court timeline to work around. If you qualify to file a joint return for that tax year and meet the IRS’s ownership and residence requirements, this timing gives you the best shot at the full $500,000 exclusion.
The trade-off is that you’re making a big financial move before your divorce terms are settled, so it helps to have at least a general understanding with your spouse about how proceeds will be split. And if you’re both still on the mortgage, both of you remain liable for it until the sale closes and the loan is paid off.
Selling During the Divorce Case
Selling while your case is still open lets the court fold the sale proceeds directly into your settlement or final judgment, which can simplify things if you’re already working with attorneys and a mediator. This timing can also preserve the $500,000 exclusion, as long as your divorce isn’t finalized by December 31 of the year you sell and you still qualify to file a joint return, since it’s your marital status at year-end, not the closing date, that determines your filing status.
This window works especially well if carrying costs (the mortgage, insurance, and taxes) are stretching both of your budgets while the case drags on. Getting the house sold sooner means one less shared bill hanging over both of you, provided you’re both still borrowers on the loan in the first place.
Selling After the Final Judgment
Waiting until after your divorce is final gives you more breathing room, especially if you or your ex-spouse needs time to find new housing, or if a dependent child benefits from staying put a bit longer. It’s a common choice for parents who want to keep one household stable until a school year ends, or until a child graduates.
There are a few trade-offs to keep in mind. After the divorce, each qualifying person may be limited to a $250,000 capital gains exclusion instead of the larger amount available to some married couples filing jointly.
If one of you has moved out, waiting too long to sell could also affect the residency rule for the exclusion, which the tax section below explains.
Selling a House During Divorce vs. Selling a House After Divorce
If you’re weighing just these two options, the real trade-off isn’t the money alone; it’s whether you’d rather handle a home sale while your divorce is still active, or keep the two processes separate.
| FACTOR | SELLING DURING DIVORCE | SELLING AFTER DIVORCE |
|---|---|---|
| Decision-making | Both spouses generally need to agree, unless the court authorizes otherwise. | The divorce agreement or court order may establish who makes decisions about the sale. |
| Sale proceeds | Money from the sale can be addressed as part of the divorce settlement. | Proceeds are divided according to the divorce agreement or court order. |
| Mortgage payments | Both spouses may still be responsible for payments while the divorce is ongoing. | Mortgage obligations continue until the loan is paid off, refinanced, or otherwise resolved. |
| Home maintenance | Repairs, insurance, taxes, and upkeep must be managed during the divorce. | These expenses may continue after divorce until the home sells. |
| Stress and timing | Managing a home sale and divorce simultaneously can feel overwhelming. | Allows time to finish the divorce before dealing with the sale. |
| Potential delays | Disagreements between spouses or court restrictions may delay closing. | Disputes over pricing, repairs, or offers can still delay the sale. |
| Best suited for | Couples who want to resolve property matters sooner and can coordinate the sale. | Couples who prefer to handle the divorce first or need more time before selling. |
Picture a couple in Lakeland, FL going through a divorce. They have two kids, a home near Lake Hollingsworth, and a mortgage they have both been paying for years.
If they sell the house while the divorce is still open, the money from the sale can be included in the settlement. Everything may be handled around the same time, which can make the financial side cleaner. The downside is that they are dealing with showings, buyer questions, and the divorce itself all at once, when they may already feel worn down.
Now picture a couple in Winter Haven, FL who decides to wait until the divorce is final. The court order explains who will handle the sale, and they have time to let things settle before putting the house on the market.
That breathing room can help. But waiting can create a different problem. Even though the marriage is over, both people may still need to agree on the price, offers, repairs, and closing date, without the same level of guidance from the court and their attorneys.
Neither family is doing it wrong. It just depends on whether you’d rather push through everything at once, or take it one piece at a time.
One more thing worth knowing: some traditional buyers and their agents get a little skittish about a listing tied to an active divorce, worried the deal could fall apart if the spouses disagree partway through. A cash sale can remove some of that uncertainty because there’s no buyer financing to worry about. However, both spouses still need to meet any legal requirements for selling the property, which is another reason some couples find it easier to sell during the case rather than waiting.
Be honest about how much you can handle right now. Do you have the time and energy to sell the house while also going through a divorce? Can you and your spouse communicate well enough to make the necessary decisions?
If so, selling now may make more financial sense. But if managing both feels like too much, waiting until the divorce is over may be the better choice for you, even if it costs more in the long run.
What Happens to the Sale Proceeds?
The sale proceeds from a marital home sold during a divorce typically pass through escrow, pay off any remaining mortgage and closing costs first, and then get divided according to your settlement agreement or the court’s equitable distribution order (its ruling on how marital property is divided), not automatically split 50/50.
Here’s the order things usually happen in:
- Mortgage payoff, if applicable. If you still owe on the home, your closing agent pays off the remaining balance directly out of the sale proceeds. If the home is paid off free and clear, this step doesn’t apply; more of your proceeds go straight to equity.
- Closing costs. Title fees, transfer taxes, and other closing costs come out next, straight from the proceeds, whether or not there’s a mortgage involved.
- Equity distribution. Whatever’s left, the actual equity, gets held or distributed according to what you and your spouse agreed to, or what the judge ordered.
- Escrow, if your divorce is still ongoing. If your case isn’t finalized yet, the remaining funds often sit in an escrow account until your settlement is finalized, so nobody has to trust the other person to hand over their share later.
One more thing to know: under Florida Statute § 61.075(6)(a)2, a home owned by both spouses as tenants by the entireties (a form of joint ownership only married couples can hold) is generally presumed to be marital property.
That usually means the home’s equity is part of what needs to be divided during the divorce. One spouse doesn’t automatically have a stronger claim just because their name appears first on the deed.
What Happens to the Mortgage During a Divorce?
During a divorce, your mortgage usually stays exactly as it is. A divorce decree decides who keeps the house, but your mortgage lender isn’t a party to your divorce, and they don’t automatically update anything based on your decree. Ending a spouse’s liability takes an actual payoff, refinance, or lender-approved assumption, not just a judge’s signature.
This understandably confuses a lot of people. A court order feels final, but the bank simply wasn’t in the courtroom. If both spouses’ names are on the original loan, both of you stay financially responsible until that liability is formally resolved, one way or another.
One thing people often miss is that moving out does not remove you from the mortgage. If your name is still on the loan and your former spouse misses a payment, it can hurt your credit too, even if you no longer live in the house or have any control over the payments.
A divorce decree may say who is responsible for the mortgage, but that does not automatically remove your name from the loan, according to the Consumer Financial Protection Bureau (CFPB), the federal agency that oversees consumer lending. Ask the lender what needs to happen, and get the answer in writing.
Missed payments add another layer worth understanding. Your divorce decree can address who’s responsible for any missed payments as part of your settlement, crediting one spouse if they covered the mortgage alone, for instance, but that’s an agreement between you and your ex-spouse. It doesn’t change what your lender can do. The bank can still pursue either borrower for missed payments no matter what your decree says about who should have paid. And if you’re selling, those missed payments and any late fees typically come out of your proceeds before equity gets divided, on top of everything else.
If things have fallen behind far enough that foreclosure is a real risk, that’s worth flagging to your attorney quickly, since it’s one of the specific circumstances a Florida court weighs when deciding whether to order an interim sale. It’s also the kind of situation where speed may matter more than squeezing out a higher price. At Lincoln Madison Investments, we’ve worked with Polk County couples in this exact spot, missed payments piling up, a foreclosure clock ticking, and a divorce still working itself out on top of it all. A cash sale can often close in days rather than months. It may also help to ask your attorney or a HUD-approved housing counselor about your timeline and your other options, such as a loan modification or repayment plan.
Liens and Title Issues During a Divorce Sale
Divorce isn’t the only thing that can complicate a home sale. Liens, unpaid homeowners association (HOA) dues, judgment liens, code enforcement fines, or back property taxes can slow things down or reduce what you walk away with, whether or not they’re related to your marriage at all.
A lot of homeowners do not know there is a lien on the house until the title search comes back. It might be unpaid HOA dues, a judgment from an old contractor dispute, or a code enforcement fine that was never cleared up.
Once a valid lien is attached to the property, it usually has to be paid, released, or otherwise resolved before the sale can close. In many cases, the money comes directly out of the seller’s proceeds. During a divorce, however, who is ultimately responsible for that debt may depend on the settlement agreement or court order.
This is something we deal with often at Lincoln Madison Investments. We have worked with Polk County homeowners whose properties had liens, code violations, or title problems that made a traditional sale difficult.
Selling for cash does not make those problems go away. They still need to be handled before the sale can close. The difference is that we are familiar with these situations and can work through them with the title company, rather than walking away as soon as an unexpected issue comes up.
Cost to Sell a House During a Divorce in Florida
Selling a house during a divorce in Florida comes with many of the same expenses as a regular home sale, including real estate agent commissions, closing costs, and transfer taxes. But divorce can add extra costs, especially if you and your spouse need help agreeing on the sale price, dividing the proceeds, or deciding who gets the house.
These additional expenses can range from a few hundred to several thousand dollars, depending on how much legal help you need and whether you can reach an agreement.
| SERVICE OR EXPENSE | TYPICAL COST | WHEN IT MAY APPLY |
|---|---|---|
| Attorney review of the sale | Around $386 per hour on average for Florida family lawyers, according to Clio (2026) | If your attorney reviews the contract, negotiates sale terms, or helps determine how the proceeds will be divided |
| Private mediation | Approximately $150 to $500 per hour | If you and your spouse need help agreeing on the sale price, offers, or distribution of proceeds |
| Court-connected mediation | $60 per person, per session for combined annual gross income below $50,000; $120 per person for income above $50,000 but below $100,000 | If your case qualifies for court-connected family mediation. Approved indigent parties generally pay nothing |
| Home appraisal | Approximately $300 to $600 for many standard homes | If you disagree on the property’s value or one spouse is considering buying out the other’s share |
| Refinancing | Typically 3% to 6% of the loan principal, according to Freddie Mac | If one spouse keeps the home and refinances the mortgage into their own name instead of selling |
| Deed preparation and recording | Preparation fees vary. In Polk County, recording costs $10 for the first page and $8.50 for each additional page | If one spouse transfers ownership to the other as part of the divorce settlement |
Not every couple will face these expenses. Some spouses agree on the sale without needing extra help from an attorney or mediator. Others may need legal guidance to work out disagreements or decide how the sale proceeds will be divided. If that’s your situation, it’s worth budgeting for those additional costs.
Keep in mind that refinancing and certain deed transfer costs generally apply when one spouse keeps the home rather than selling it.
For a breakdown of regular selling expenses, including agent commissions, closing costs, and Florida’s documentary stamp tax, check out our guide on how much it costs to sell a house in Florida.
Tax Implications of Selling During a Florida Divorce
If you and your spouse have already worked out your sale timing, you know roughly which capital gains exclusion applies. What often gets missed is a specific wrinkle: what happens to your exclusion eligibility if one of you moved out of the house before the sale.
To claim the home sale exclusion on your share of the profit, you generally need to have used the house as your main home for at least two of the five years before the sale.
That timing can become important during a long divorce. If you move out and the house is not sold for several years, you may no longer meet the residency requirement.
There is an exception in some cases. If the divorce decree or separation agreement gives your former spouse the right to live in the home, the IRS may still count that time toward your residency requirement. That is why the wording in the agreement matters, not just who stays in the house.
This is a detail worth raising with your attorney before your settlement is finalized, not after. If you’ve already moved out and the house won’t sell for a while, making sure your decree addresses this can protect real tax savings down the road. Your attorney and a tax professional are the right team to confirm how this applies to your specific numbers.
Sell My House Fast During a Divorce in Florida
You can sell your house fast during a Florida divorce with a local cash buyer, who can typically make an offer within 24 hours and close in as little as 5 to 7 days after both spouses sign. That’s a fraction of the 84-day statewide median from listing to closing for single-family homes in August 2026, per Florida Realtors.
In a divorce, selling quickly can matter for more than convenience. As long as you both own the house, you may still be tied together through the mortgage, insurance, taxes, and other expenses.
Closing sooner can give both of you a clearer picture of how much money you will have after the sale. That can make it easier to plan your next move and work through the other financial decisions that come with a divorce.
Why a Cash Sale Can Simplify a Divorce Situation
A cash sale can simplify a divorce by removing the parts of a traditional listing that tend to create the most friction between separating spouses: showings, staging disagreements, and negotiating with a buyer as a united front when you may not feel united at all.
A traditional listing requires a lot of decisions from both spouses. You need to agree on the asking price, decide which repairs to make, and work around showings and inspections.
That can be difficult when communication is already strained. Even a small decision about the house can turn into another disagreement, adding more stress to an already tough situation.
A cash sale strips a lot of that away. There’s no staging to argue about, since we buy the home as-is. There’s no back-and-forth with strangers walking through your space while you’re going through one of the hardest chapters of your life. And there’s no financing contingency (a clause that lets a buyer back out if their loan falls through) hanging over the deal, waiting to fall apart at the worst possible moment. For a lot of divorcing couples, that predictability is worth more than squeezing out the last few thousand dollars a longer listing might bring.
How LMI Works with Divorce Property Sales
Divorce is one of the most common reasons Polk County homeowners come to us. As we tell homeowners directly, we frequently work with households going through divorces, short sales, foreclosures, and other difficult situations to provide a quick, hassle-free exit strategy.
What that looks like in practice draws on the same expertise that helps our probate and title clients: an in-house team, including a Certified Probate Expert, that’s used to sorting through complicated ownership and legal situations rather than walking away from them. Every offer we make is based on real Polk County market data and your property’s actual condition, not a generic formula, so you’re getting a number grounded in what’s really happening in your neighborhood.
Divorce-related sales can involve both spouses, attorneys, or even a court order. That is not unusual, and we are used to working through those extra steps.
Every situation is a little different, so the best place to start is with a conversation. Tell us what is going on, even if everything is not fully sorted out yet. We can explain what the selling process may look like and what information will be needed next.
Frequently Asked Questions About Selling a House During Divorce
These quick answers cover spousal consent, the mortgage, buyouts, underwater homes, and selling after a spouse moves out.
Can a spouse sell a house without permission in Florida?
Generally, no, if the property is homestead, both spouses must consent to the sale under the Florida Constitution, regardless of whose name is on the deed. A spouse who refuses can generally be overridden only by a court order, such as an interim partial distribution, not unilaterally.
Does a divorce decree remove my name from the mortgage?
No. A divorce decree determines who keeps the house, but your lender isn’t part of your divorce case. Removing a spouse from the mortgage requires a payoff, refinance, or a lender-approved assumption with a formal release of liability. Until then, both spouses stay liable to the lender, whatever the decree says.
Can one spouse buy out the other spouse’s interest?
Yes, if the spouse keeping the home can refinance the mortgage solely in their name, or get the lender to approve a mortgage assumption with a release of liability for the other spouse. If neither is possible, both spouses often remain financially tied to the loan.
What if the house is underwater, worth less than the mortgage?
If your home is worth less than what you owe, a traditional sale may not cover the mortgage balance, and you could face a shortfall at closing. Our page on short selling your home in Florida walks through your options if this applies to you.
Can I sell the marital home if my spouse has already moved out?
Not on your own. Your spouse moving out doesn’t remove their ownership or consent rights. If the home is homestead property, you’ll still generally need their signature to sell, even if they haven’t lived there in months. You can still sell with their signature or a court order.
Conclusion
Selling a house during a divorce can feel overwhelming. You may agree on what to do next, or you may be having a hard time reaching any agreement at all. Either way, you do not have to solve everything at once.
There will be a few important decisions to make, including when to sell, how to handle the mortgage, whether there are liens or other issues, and how the money from the sale will be divided. Start with the most urgent step and work from there. Your attorney can guide you through the legal side, and when you are ready to deal with the house, the selling process can be handled one step at a time.
Need to Sell a Home During Divorce in Polk County, FL?
Selling a home during a divorce can be stressful, but you don’t have to figure it all out on your own. At Lincoln Madison Investments, we’ve spent more than 15 years helping Polk County homeowners through challenging situations, including divorce. We offer a simple, private way to sell your house as-is, with no repairs, showings, or long waits for buyer financing.
Ready to see what your home is worth? Request your free, no-obligation cash offer or call us at 863-521-0549. Still exploring your options? Visit our resources for Florida home sellers for more helpful information
References
Florida Legislature. Florida Statutes § 61.075, Equitable Distribution of Marital Assets and Liabilities. https://flsenate.gov/Laws/Statutes/2025/61.075
Florida Constitution, Article X, Section 4, Homestead Exemptions. https://www.flsenate.gov/Laws/Constitution#A10S04
Florida Legislature. Florida Statutes § 44.108, Funding of Mediation and Arbitration. https://www.flsenate.gov/Laws/Statutes/2026/44.108
Polk County Clerk of Courts and Comptroller. Fees (Official Records recording fees). https://www.polkclerkfl.gov/267
The Florida Senate. CS/SB 1416 Bill Summary, Dissolution of Marriage (2023 Alimony Reform). https://www.flsenate.gov/Committees/billsummaries/2023/html/1416
Centers for Disease Control and Prevention, National Center for Health Statistics. Divorce Rates by State: 1990, 1995, and 2000-2024. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-24.pdf
Centers for Disease Control and Prevention, National Center for Health Statistics. Provisional Number of Divorces and Annulments and Rate: United States, 2000-2024. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/national-marriage-divorce-rates-00-24.pdf
Internal Revenue Service. Topic No. 701, Sale of Your Home. https://www.irs.gov/taxtopics/tc701
Internal Revenue Service. Publication 523, Selling Your Home. https://www.irs.gov/publications/p523
Consumer Financial Protection Bureau. Can a debt collector contact me about a debt after a divorce? https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collector-contact-me-about-a-debt-after-a-divorce-en-1413/
Florida Realtors. Monthly Market Detail, August 2026, Single-Family Homes. https://www.floridarealtors.org/sites/default/files/2026-09/August-2026-Fla-single-family-data-detail.pdf
Freddie Mac. Understanding the costs of refinancing. https://myhome.freddiemac.com/refinancing/costs-of-refinancing
Clio. How Much Should I Charge as a Lawyer in Florida? (2026) https://www.clio.com/resources/legal-trends/compare-lawyer-rates/fl/
