Who Gets the Marital Home in a Florida Divorce?

If you’re anticipating a divorce in Tampa Bay, you may already know about Florida’s equitable distribution laws. The division of assets will be one of the most important and possibly one that brings the most conflict aside from child custody matters.

Learn More: Equitable Distribution Florida Divorce

Minimizing the stress of divorce begins with hiring an experienced Tampa Bay divorce lawyer who specializes in Florida Family Law and the laws of equitable distribution. While you may have numerous assets and liabilities to divide, your marital home can be the most financially and emotionally challenging. Although Florida divorce laws apply to every contested divorce case equally, every divorce is unique so the outcomes can look very different for everyone.

The very best way to find out what your options are with regards to your marital home when divorcing is to consult with an experienced Tampa contested divorce attorney. Nilo J Sanchez & Associates has over two decades of experience representing divorcing couples in Hillsborough, Pasco and in Pinellas County, FL. Although most divorces are settled out of court, litigation may be necessary in full or in part to settle unresolved issues. This can include the terms of the division of assets and property in particular, your marital home. It’s highly recommended to consider this possibility and hire a family law and divorce attorney who can accommodate you should conflicts arise that require litigation. Until your divorce is settled, your attorney may be able to file for temporary relief such as;

  • Motion for exclusive use and possession of marital home – The court may grant one spouse the exclusive right to live in the marital home while the divorce proceedings are ongoing.
  • Temporary Responsibility for Liabilities/Debts: When couples are divorcing the bills should still be paid. If however, your spouse has stopped paying the bills this can cause a great deal of financial and emotional stress. A judge can order temporary relief by ordering your spouse to pay the bills and to provide continued financial support until a final order is entered.

Read: Divorce/Family Law Litigation Attorneys
Divorcing without Litigation

Dividing Property – The Marital Homemarital homes florida divorce

Equal (50/50) or equitable distribution applies to “marital property.” Unequal distribution also may apply in certain circumstances. If you and/or your spouse purchased your marital home while married the general rule is to divide it equally between the parties. Splitting your home in two can be difficult and leaving the home where your children have been raised can be painful. It is important to speak with a lawyer to learn what options may be available to you. We will look at your case in it’s entirety and work diligently towards alleviating the stress and financial consequences that property division as it applies to your marital home can bring.

Dividing the Marital Home in Florida Divorces

The first best step is to make sure that your divorce attorney has the skills and experience you need to help you meet your goals. The next is to have your home’s value assessed. Your attorney can then begin to mediate and negotiate the terms of your divorce, specifically property division of your marital home.

  • Depending on your situation, you may wish to remain in the home with your minor children. it may be  possible to negotiate for one spouse to give the home to the primary caregiver. This can be highly beneficial and in the best interest of the minor children.
  • If one spouse can buy out the other, this is also an option, but it may not be financially feasible.
  • The primary caregiver may be able to refinance the home in their name alone, but again, this may or may not be feasible. Selling the home and dividing the proceeds is also a common solution.

As you can see, there may be several options available to you when it comes down to your marital home and other areas of your divorce that must be settled. Consulting with Nilo J Sanchez & Associates can provide you with solutions and focused legal representation. Remember, most divorce settle out of court but it is important to consider the litigation experience of the divorce attorney you hire.

Read:
What Must Be Settled in a Contested Divorce in Florida
Marital Settlement Agreements vs. Litigation

Can the Courts Force Divorcing Couples to Sell the Marital Home

If your divorce goes to trial (in full or in part) a judge can in fact order divorcing couples to sell their property and to split the proceeds. Negotiating the terms of your divorce requires  the expertise of a seasoned Florida Family Law Attorney. Marital Settlement Agreements offers spouses a way to have control over the terms of their divorce. From finances to child custody and timesharing,  Nilo J Sanchez & Associates offers calm, focused legal solutions, strategies and representation that concentrates on the safe and secure future of those we represent. If your case goes to court, Attorney Sanchez will fight diligently to protect your rights under Florida Law.

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If you have been served with a petition for dissolution of marriage or if you need to file for a divorce in Tampa Bay, please call our law firm to schedule an affordable divorce consultation or send us a secure message below.