Divorce

Can you sell a house during a divorce in Florida?

Yes, but not alone. A Florida home that is the family residence generally needs both spouses to sign, or a court order. The sale itself can be the simplest way to end a stalemate over who keeps the house.

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The short answer

Yes. Florida lets divorcing spouses sell the marital home before, during or after the case. What you cannot do is sell it unilaterally if it is your homestead, and what you should not do is skip your attorney.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide. It is general information and not legal advice.

Why do both spouses need to sign?

The Florida Constitution protects homestead property, and a married owner generally cannot convey it without the spouse joining in the deed, even if only one name is on the title. Title companies check this. If a spouse will not sign, the court in the divorce case can order the sale, or award the house to one spouse, as part of the final judgment.

How does Florida divide the house?

Florida courts divide marital assets through equitable distribution under chapter 61, which starts from an equal split but allows adjustments. The house is often the biggest asset and the hardest to divide, so the usual choices are one spouse buying out the other, a sale with the net proceeds split, or an order for the court to decide. A family law attorney is the person to advise on which fits your case.

Why do divorcing owners choose an as-is sale?

  • Neither spouse has to pay for repairs, staging or showings while the case is open.
  • One closing divides the net proceeds as agreed or ordered, and the mortgage is paid off through the title company.
  • It removes the argument over who keeps making the payments and who is responsible for taxes and insurance. A missed payment hurts both spouses' credit and can slide into foreclosure; see selling before a foreclosure auction in Florida.

What will a buyer and title company ask for?

  • Both spouses' signatures, or the court order that authorizes the sale
  • The mortgage payoff statement and any liens, taxes or association balances
  • Whether anyone lives in the house now, and the date they will leave

See also selling a house with liens. Tampa readers can also see selling during a divorce in Tampa.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is for cash, without repairs, showings or an agent. We run a title search, put terms in a written contract and the closing date can be set around your court schedule. We do not take sides between spouses and we do not give legal advice.

Written 2026-10-27. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can I sell my house during a divorce in Florida?
Yes, but a married owner generally cannot sell the family home alone. Both spouses sign, or the divorce court orders the sale.
Do both spouses have to sign if only one is on the title?
Generally yes for a homestead. The Florida Constitution protects homestead property and the spouse typically has to join in the deed even if their name is not on the title.
What if my spouse will not agree to sell?
The divorce court can order the house sold or award it to one spouse in the final judgment. Ask a Florida family law attorney how your case would proceed.
How is the house divided in a Florida divorce?
Through equitable distribution under chapter 61, which starts from an equal split but allows adjustments. Common outcomes are a buyout, a sale with split proceeds, or a court decision.
What happens to the mortgage if the house is sold in a divorce?
The payoff is paid from the sale proceeds at closing through the title company, and what is left is divided as agreed or ordered.