Florida's Property Division Laws and Your Home

When a house is sold during a divorce in Florida, several things determine what happens to the proceeds of the sale. Determining whether you will get a portion of the proceeds or a set-off against the proceeds is determined by three primary factors.

First, whether the house is "sold" to one spouse or the other for their exclusive use.

Secondly, if alimony or child support goes to the spouse that is in possession of the home; also, if alimony or child support is used to cover the mortgage, taxes, and other related expenses.

Thirdly, an examination of the value of the home for the person who is occupying it and the spouse who is not occupying it.

By examining which party will be making claims to paying for the home, including capital gains and tax deductions, the court will then calculate a set off against the marital portion or the right to a credit.

Have questions about equitable distribution?  Get in touch with a family lawyer!