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December 31, 2025

Who Gets The House After The Divorce? Your Ultimate Guide

"Discover how Florida divorce affects home ownership and why selling your house for cash to Camarotti Homes can offer a clean, fast fresh start.

Florida has one of the highest divorce rates in the country, with more than 15% of its residents divorced or separated. While divorce is never an easy decision, it’s always better to go separate ways so that each party can move on with their lives in peace rather than stay in agony.

However, just as divorce is a hard decision, so is selling their house. After all, it's the abode where you promise to spend the rest of your lives. Which ultimately begs the question, who gets the house after the divorce?

Understanding Property Division

Depending on the jurisdiction, courts employ one of these systems to decide how to divide property. To put it another way, the foundation for how the court divides marital assets, including your house, is established by your state's property division laws.  

Nonetheless, couples are free to reach their own decisions about what is fair. If these decisions seem voluntary and equitable, courts usually accept them. While divorce laws differ from state to state, they ultimately share the same goal: the fair and equitable division of marital property.

In Divorce laws, there are two central systems of property division: equitable division and community property.

When a state practices community property, it means that the majority of assets acquired during a marriage are assumed to be owned equally by both spouses. Property distribution in these states typically begins with a 50-50 split. However, certain situations may make the division more equitable.

On the other hand, in states that practice equitable distribution, the properties are not presumed to be owned in equal but more than equal amounts; fairness is given priority overall. To determine how to distribute property fairly, courts consider factors such as income, financial need, and each spouse's contributions to the marriage.

Who Gets the House after the Divorce?

In Florida, equitable distribution is used to divide assets among the parties in divorce proceedings. In other words, assets are distributed fairly, but not necessarily equitably.

When deciding on an equitable division, the court considers several key factors, including each spouse's financial situation, contributions to the marriage, the length of the marriage, potential post-divorce asset waste, and the impact on the children.

However, before anything else, the court determines whether the property is considered as marital or non-marital property since only marital property can be divided among the parties. However, matters become more complicated if both partners made contributions to the property throughout their marriage.

Other Ways to Distribute a House after a Divorce

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When your house is considered marital property, there are various options that you can easily avail yourself of. After all, one may choose to stay in the house while the other moves out, or both may opt to move out completely. Ultimately, the married couple decides to determine who will reside in the house.

However, that doesn't mean you shouldn't be aware of your options. From Buyouts to selling your home to Florida homebuyers, here are a few options on what you can do with your house after your divorce.

1. Buyout

While it’s easier to sell your home in states that practice community property, you and your former partner can always opt to do a buyout by paying your former partner half the amount that is supposed to be their share of the house. However, it's essential to note that, since Florida practices equitable distribution, the spouse who does not receive the house may be awarded an equal value by the judge in equitable division states.

2 Partition

Another option is to partition the property so that both parties have a clear division of which side of the property belongs to each of them exclusively.

So, when you need to divide your property but the other party refuses to sell, you may request a partition to exercise all your rights over your side of the property. This option is most commonly used in ordinary property distribution cases, as well as in divorce cases.

3. Sell Your Home to Cash Buyers

Whether it's because of a few bad memories, the upkeep is too much, or you need more assets, when you opt to sell your home, you open the door to new opportunities, financial flexibility, and a fresh start that aligns better with your current goals and lifestyle. So, if you want to get your home off your shoulders, then the best way would be to sell your home fast.

Why Selling Your House to Cash Buyers is the Better Option

Everyone deserves a fresh new start, and having a home that still lingers can often pull someone down and prevent them from having the clean break they deserve. As such, the best option for you would be to sell your home in Florida to cash buyers.

1. Clean Break

After a divorce, owning a house jointly might lead to financial difficulties. It can even prevent you from having a clean break. After all, you can't really maintain a house, pay property taxes, and even mortgage payments without talking to each other. So, if you sell your home fast, you not only gain financial independence but also a clean break from each other.

2. Fresh Start

Divorce isn't easy and can be emotionally taxing. Therefore, selling your house to Florida homebuyers might be the catalyst you need for a fresh start. When you sell your home fast and have a fresh start, you gain the financial clarity and emotional space necessary to move forward with confidence and rebuild your life without the burden of something from the past.

3. Less Financial Burden

When you sell your home for quick cash, it can significantly improve your financial situation, especially since you no longer have to worry about paying property taxes or a mortgage on the house. This allows everyone to create a clear economic start for their new life. Additionally, you can use the sale to cover any major expenses or save up extra money for future trips, or if you have children, for their college fund.

4. Less Emotional Stress

Having a family home can take an emotional toll on a person, after all; moving on can be difficult. When you sell your home for quick cash, you also gain the emotional closure you need, which is a step toward healing and regaining the independence you once had.

5. Avoids Future Disputes

When you sell your home for quick cash, you also avoid future disputes that might have lingered had you kept the house. This ensures that all obligations, including maintenance, mortgages, and taxes, are settled cleanly, allowing everyone to move forward without any problems.

Undergoing Divorce? Sell Your Conjugal Property in Florida to Camarotti Homes

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Divorce is never easy, but by selling your home to Florida homebuyers, you can have the clean start you deserve. So, when looking for a buyer, consider Camarotti Homes. At Camarotti Homes, we understand just how difficult it is to sell a home, so we're here to help you every step of the way.

Sell your home as-is to Camarotti Homes without any problem! We accept all kinds of houses, as we buy ugly houses and not just that - we also buy houses for cash.  If you're tired of the divorce proceedings and want to sell your home as-is, contact us today and let us take the burden of your house off your shoulders.

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