Let’s be honest—figuring out what happens to the house in a divorce isn’t just about money. It’s emotional. This is where birthdays were celebrated, kids took their first steps, maybe even where you thought you’d grow old.
When you’re facing the possibility of letting go of that home, it can feel like your whole world is shifting.
At Leap Frog Divorce, we know how personal this part of the process can be. The good news is, Florida law gives you options—and with the right guidance, you can find a path that makes sense both financially and emotionally. Whether you’re hoping to stay in the home, thinking about selling, or just trying to figure out what’s fair, we’re here to walk you through it, step by step.
Who Gets the House In a Divorce?
Here’s the short answer: unless you and your spouse have a prenup that says otherwise, neither one of you automatically gets the house.
Florida follows what’s called equitable distribution, which means that everything considered marital property—including the home—is divided in a way that’s fair, not necessarily 50/50 (although, that’s the starting point). This includes both assets and debts.
So what does that actually mean for your house?
If the home was purchased during the marriage, it’s likely considered a marital asset, even if only one spouse’s name is on the deed. In most cases, both of you have a claim to it, and the court will look at a variety of factors to figure out how to divide it fairly—your incomes, your contributions to the home, your financial needs, and more.
That said, if you and your spouse can reach an agreement outside of court—through negotiation or mediation—you have a lot more control over what happens next. That’s often the best-case scenario, because it allows you to make decisions based on what works best for your family, not just what the law says.
Can You Afford To Keep The House?
It’s a question that doesn’t always get asked soon enough: Can you really afford to keep the house on your own?
A lot of people assume that if they’re awarded the home in the divorce, that’s the end of it. But the reality is, keeping the house also means taking on everything that comes with it: the mortgage, property taxes, insurance, maintenance, utilities—and doing it all without your spouse’s income.
Even if you’re emotionally attached to the home (and who wouldn’t be?), it’s so important to take an honest look at your finances before making this decision. Can you comfortably manage the monthly payments on your own? Will you be able to handle unexpected repairs or rising costs down the road?
Sometimes the best choice for your future means letting go so you can start fresh with less financial stress. And that’s okay. The goal here is to protect your stability and peace of mind, not just hold onto the familiar.
What Are My Options?
Once you’ve taken a close look at your finances and how the house fits into your future, it’s time to explore your options. There’s no one-size-fits-all answer here—what works best depends on your situation, your goals, and your ability to work together with your spouse.
Here are the most common paths divorcing couples consider:
1. Sell the House and Divide the Proceeds
This is often the simplest and cleanest solution—especially if neither of you can afford the home on your own. The house is sold, the mortgage is paid off, and you split the proceeds in a way that’s fair. (Remember: fair doesn’t always mean equal. Florida courts focus on equitable distribution, which takes many factors into account.)
2. One Spouse Buys Out the Other’s Share
If one of you wants to stay in the home and can afford it, a buyout might make sense. This usually involves refinancing the mortgage to remove the other spouse’s name and paying them their share of the equity. It can be a good option if you’re emotionally attached to the home or want to provide stability for the kids.
3. One Spouse Keeps the House, the Other Receives Other Assets
Sometimes the home stays with one person, and the other receives assets of similar value—like retirement funds, investment accounts, or vehicles. This can work well when there’s enough marital property to divide creatively.
4. Birdnesting: Kids Stay, Parents Rotate
This isn’t for everyone, but some families choose a setup called birdnesting, where the children remain in the home full-time and the parents take turns living there according to the parenting schedule. For some families, it’s a way to keep the kids rooted during a major transition.
5. Both Spouses Keep the House and Rent It Out
In some cases, couples choose to keep the home jointly and rent it out. You’d split the rental income (and responsibilities), and potentially sell the property down the line when the timing is better. This arrangement takes a high level of cooperation—and a clear agreement in writing.
If the house is worth less than what’s owed on the mortgage, it’s important to tread carefully. This kind of situation is very case-specific, and it’s wise to speak with a divorce attorney and/or financial advisor before making any decisions. You may have options like a short sale or restructuring the debt—but those decisions shouldn’t be made without professional guidance.
Who Gets the House In a Divorce With Children?
When kids are involved, things get more layered—and more emotional. Divorce isn’t just about dividing property anymore. It’s also about creating as much stability as possible to minimize the harmful effects of divorce on your children.
In many cases, that means the court will look for ways to keep the kids in the family home, at least for a while. The idea is that staying in the home can help them maintain a sense of normalcy—same school, same bedroom, same neighborhood friends. If one parent is clearly the primary caregiver, that parent may have a stronger chance of staying in the home with the children.
But here’s the thing: Florida courts favor 50/50 custody whenever possible. So there may not be a “primary caregiver” in the traditional sense. That means decisions about the house won’t be based solely on parenting roles—they’ll also consider finances, cooperation, and the practical realities of shared custody.
There’s no automatic answer here. The presence of children doesn’t guarantee that one parent will get the house, but it does mean that the court (or you and your spouse, if you’re negotiating together) will need to think carefully about what setup best supports your kids’ emotional and physical well-being.
What If I Owned the Home Before We Married?
If you bought your home before the marriage, it might seem like it should be yours, no questions asked. And in many cases, you’re right—property owned before marriage is usually considered separate property in Florida. But as with most things in divorce, there are a few important “ifs.”
If you used marital funds—money earned during the marriage—to pay the mortgage, renovate the house, or add that beautiful backyard patio, your spouse may be entitled to a share of the increased value.
Let’s say you bought your home for $150,000 before the marriage. Over time, the two of you invested in a kitchen remodel, roof replacement, and landscaping—using joint income. Now the home is worth $250,000. That $100,000 increase in value might not be entirely yours. The court could determine that your spouse is entitled to a portion of that equity, because it was built during the marriage.
This is one of those gray areas where timing, documentation, and financial records really matter. If you’re unsure how your pre-marital property might be treated in a divorce, it’s a good idea to speak with an attorney who can look at the details and protect what’s rightfully yours.
What If We Can’t Agree?
Sometimes, no matter how much you talk or how hard you try, you and your spouse just can’t agree on what to do with the house. That’s okay—and it’s more common than you might think.
When that happens, the decision gets put in the hands of the court. A judge will step in and apply Florida’s rules of equitable distribution to divide the property in a way that seems fair. They’ll consider things like:
- Whether the home is marital or separate property
- Each person’s financial circumstances
- Who’s getting primary custody of the kids (if applicable)
- How other marital assets and debts are being divided
The downside? When the court decides, you lose the ability to shape the outcome yourselves. That’s why we encourage divorcing couples—whenever possible—to try mediation or a collaborative divorce to reach an agreement. It’s almost always less stressful, less expensive, and more in line with your personal priorities.
But if an agreement just isn’t possible, you won’t be left in the dark. The legal system has a process, and we’ll be right there with you to make sure your voice is heard and your interests are protected.
The House Matters—But So Does Your Peace of Mind
Deciding what to do with the house in a divorce can feel overwhelming. There’s financial uncertainty, emotional attachment, and maybe even pressure to “fight for it”—but at the end of the day, your peace of mind matters just as much as the marital home.
At Leap Frog Divorce, we help you look at the whole picture. We’ll guide you through your options with clarity, compassion, and a deep respect for what matters most to you. Whether you’re hoping to keep the home, sell it, or simply make a smart decision for your future, we’re here to help you move forward with confidence and care.
Let’s talk about what’s next—and how to get there without a war.
