Dividing the House in a Florida Divorce: What Mediation Can and Can’t Do
In Florida, the marital home often gets divided one of three ways: sold with the proceeds split, one spouse buys out the other spouse’s marital interest in the home, or the home is held jointly for a set period after the divorce and later divided. Florida law starts from a presumption of equal division of marital assets, which often includes the marital home, under its equitable distribution framework, and mediation lets spouses choose which path fits their family.
Here’s how the law frames the home, and where mediation’s authority ends.
How Does Florida Law Treat the Marital Home in a Divorce?
Florida courts divide spouses’ property under the state’s equitable distribution law, Florida Statute 61.075. The statute directs judges to begin with a presumption of equal division of marital assets, then adjusts for factors like each spouse’s contributions to the marriage or the desirability of keeping a dependent child in the home.
A house purchased during the marriage is typically classified as marital property, regardless of whose name is on the title or mortgage. Homes owned before the marriage, inherited, or received as a gift can remain nonmarital, though using marital funds for the mortgage or improvements made during the marriage may create a marital interest in an otherwise nonmarital home. These issues can all be sorted out at mediation.
What Options Do Spouses Have for Dividing the Marital Home?
Once the home is confirmed as a marital asset, which can happen in the a mediation session, Spouses generally have three ways to handle it:
- Sell it and split the proceeds: The simplest option when neither spouse wants to keep the house or can afford it alone.
- One spouse buys out the other’s equity: Common when one spouse wants to stay, often financed through cash, a refinance, or an offset against other marital assets. Parties may also unequally divide other assets as a form of buyout of a spouse’s interest in the equity.
- Continued co-ownership: Sometimes used when children are involved, letting one parent stay in the home for a set period before it is sold or interest is bought out.
Which option fits depends on each spouse’s finances, the home’s equity, and whether minor children are part of the picture.
What Can Mediation Resolve for the House?
Mediation gives spouses more control over decisions that might otherwise be made by a judge.
In mediation, spouses can explore a variety of options for the marital home, including selling the property, one spouse buying out the other’s interest, or continuing to own the home for a period of time. They can also establish a timeline for any sale or buyout, agree on a method for valuing the home, and address related issues such as payment of the mortgage, property taxes, insurance, utilities, maintenance, and repairs during the transition.
Because mediation is based on self-determination, it also allows spouses to create solutions tailored to their family’s circumstances. For example, they may agree to delay a sale until the end of a child’s school year or structure a transition plan that addresses other practical concerns that a court may be less able to accommodate.
What Can Mediation Not Resolve?
Mediation is voluntary, and any agreement regarding the marital home becomes binding only after both spouses sign it.
A mediator is not a decision-maker or fact-finder. A mediator cannot order the sale of the home, determine its value, or decide whether it is marital or nonmarital property.
A failure to reach an agreement regarding the marital home during mediation does not necessarily mean the parties will never reach one.
When spouses disagree about classification, valuation, or other key issues involving the marital home, they may benefit from the involvement of other professionals, such as a neutral appraiser, before returning to mediation. In some cases, a judge may need to resolve a specific dispute before the parties are in a position to reach a final agreement regarding the disposition of the marital home.
FAQs
Who gets the house in a Florida divorce?
Florida law doesn’t automatically award the house to either spouse. If it’s a marital asset, it becomes part of the pool divided under equitable distribution, starting from a presumption of equal division and adjusted based on each spouse’s circumstances and contributions.
Can mediation force the sale of a house?
No. Mediation is voluntary, and a mediator has no authority to order a sale or any other outcome. Spouses can agree to sell the house as part of a mediated settlement, but that agreement only takes effect once both spouses sign it.
What happens if spouses can’t agree on the home’s value?
When spouses disagree on the home’s value, mediation often pauses while both sides obtain a professional appraisal or agree on a neutral appraiser. Once a value is established, the spouses can return to mediation to divide the equity.
How Mediation Can Help You Reach a Fair Outcome
Working through what happens to the marital home in mediation gives both spouses a direct hand in the outcome. I’m a Florida Supreme Court Certified Family Law Mediator who helps Spouses work through property division, including the marital home, with a process built around each family’s circumstances. Learn more about mediation or schedule a mediation session with me directly.