Dividing property during a divorce is never easy, and the family home is often the biggest point of conflict. If you’re going through a divorce in Florida, you may be wondering: Can I keep the house? The answer depends on several legal and practical factors.
Florida Is an Equitable Distribution State
In Florida, property division follows the principle of equitable distribution. This means the court aims to divide marital assets fairly, rather than equally. The family home is considered a marital asset if it was purchased during the marriage, regardless of whose name is on the deed or mortgage.
However, if one spouse bought the house before the marriage and never added the other spouse’s name to the title or used marital funds to pay for it, it may be considered separate property. In that case, the original owner may have a stronger claim to keep the house.
Who Gets the House?
The court will consider several factors when determining who will receive the home. These can include:
- Each spouse’s financial situation
- Whether children are involved and need to stay at the home
- Contributions each spouse made toward the home (financial or otherwise)
- Whether one spouse can buy out the other’s share
If children are involved, the court may be more likely to award the home to the parent with primary custody, thereby helping to maintain stability. Still, this does not guarantee that one parent will automatically retain the house in the long term.
Options for Dividing the Home
There are a few common ways Florida courts handle the family home in divorce:
- Sell the home and split the proceeds
- One spouse buys out the other
- Deferred sale
Keeping the house in a Florida divorce is possible, but it depends on the details of your case. You’ll need to consider ownership, financial ability, and what the court deems fair. If you and your spouse can agree on a fair arrangement outside of court, you’ll often have more control over the outcome.
How to Handle Shared Parenting When You Can’t Stand Your Ex
Are you co-parenting with a difficult ex in Florida?
Shared parenting can be challenging even in the best circumstances. But when tensions are high and you genuinely can’t stand your ex, the process becomes much more challenging. Still, if you’re both legally required to co-parent, you’ll need to find a way to make it work—for your child’s sake and your peace of mind.
Focus on the Kids, Not the Conflict
No matter how you feel about your ex, your child’s needs must come first. That means setting aside personal feelings when making decisions. Approach parenting conversations with a business-like mindset. Keep communication clear, brief, and focused only on what’s necessary for your child’s care and schedule.
Use a Parenting App
Technology can help reduce direct communication. Co-parenting apps enable you to share schedules, track expenses, and send messages in a controlled and secure environment. These tools create a written record of all interactions, which can reduce misunderstandings and conflict.
Stick to the Parenting Plan
A detailed parenting plan is essential in high-conflict situations. It outlines everything from time-sharing to how holidays are split. When both parents follow the plan closely, it removes the need for constant negotiation and reduces friction.
Set Boundaries
Boundaries are critical when dealing with a difficult ex. Avoid discussing your personal life, past issues, or any topics unrelated to your child. If your ex tries to pull you into an argument, don’t engage. You’re not required to respond to everything, especially if it’s not about your child.
Take Care of Yourself
Co-parenting under stress can take a toll. Make time for yourself, whether through therapy, support groups, or healthy routines. Managing your emotional health helps you stay calm and in control when dealing with your ex.
Let the Court Step In When Needed
If your ex constantly violates the parenting plan or creates a toxic environment, you may need to involve the court. In Florida, family courts can modify parenting plans or enforce compliance when one parent isn’t cooperating.
Co-parenting with someone you don’t get along with isn’t easy, but it is possible with clear structure, established boundaries, and a focus on your child’s well-being.
