If you plan to divorce your spouse, you may wonder who gets the house in a divorce with children in Florida. Quinn & Lynch, P.A. is a Tampa family law firm that assists clients through divorce and other legal processes. Property division can be one of the most emotional and complex parts of divorce, especially if you have children. Your family home allows you to provide a safe space for your child to grow. On top of the practical reasons for keeping a house, you and your child likely have an emotional attachment to the family home.
Our Tampa divorce attorneys understand the difficulties families face throughout the divorce process. We make the process of dividing assets easier by providing professional legal guidance. Contact us to set up a consultation. Call the Quinn & Lynch P.A. team at (813) 223-7739 or complete our online contact form to get started today.
Understanding Property Division in a Florida Divorce
Under Florida statute § 61.075, courts follow the equitable distribution model, which means the court divides property in a way that is fair but not necessarily equal. Equitable division ensures the final property distribution protects each person’s best interests. The courts may consider a variety of factors for property division, including each spouse’s financial contributions, earning capacity, childcare obligations, and the family’s needs.
Only marital property, also known as community property, is subject to property division during divorce. Separate property that each spouse owned prior to the marriage stays with the original owner. A Tampa property division attorney can help you understand your rights and work toward a fair outcome under Florida family law.
Equitable Distribution States vs Community Property States
Some other states follow community property rules, which assume that both spouses equally own all marital assets. During a divorce, community property states divide marital assets equally between both partners.
Florida is an equitable distribution state. What is equitable distribution? This means that our courts follow a “fair” division of marital property, which is not always a 50/50 split. The goal is to reach a division that makes sense for both parties based on the details of their marriage.
How Florida Courts Decide Who Keeps the Family Home
If you are going through a divorce, it is important to understand how the court decides who keeps the family home. Equitable division means the courts divide marital property fairly, but not necessarily equally. This includes the family home. The courts may review each spouse’s financial situation, how much each contributed to the home, and whether one spouse can afford the payments on their own. When kids are involved, the court will consider the child’s best interests.
Marital vs. Non-Marital Property
Marital property in Florida is any debt or asset that either spouse acquires during the marriage. Examples of this include income, businesses started or expanded during the marriage, retirement accounts, assets purchased with marital funds, or debts incurred during the marriage. When it comes to the family home, the court considers when and how the property was acquired to determine whether it is marital or separate property.
If the house was purchased during the marriage or paid for with joint marital funds, it is usually treated as marital property. If one spouse owned the home before the marriage, it may be considered separate property, unless both spouses contributed financially towards the home.
Financial Contributions During Marriage
Courts must also consider the divorcing couple’s home equity in divorce matters. Financial and non-financial contributions play a significant role in deciding who may keep the family home after a divorce in Florida. The courts will consider how the couple shared expenses, whether one spouse made most of the mortgage payments, and whether one spouse stayed home to raise the children. Maintenance and property updates can also increase the home’s value and affect the court’s order about real estate division.
Loss of Earning Capacity and Future Needs
Remaining mortgage balance amounts and each spouse’s ability to afford the house can be key factors in property decisions. It is often harder for parents to afford a mortgage on a single income. Loss of earning capacity or reduced income can also make it difficult to provide stability for their child. In such cases, an experienced family law attorney can help you prove your ability to provide financially for your child while keeping up with mortgage and other obligations.
Best Interests of the Child
The Florida courts focus on the best interests of the child when deciding who stays in the family home. Staying in the same home allows children to remain in their same school and community. This can especially help younger children remain stable following a divorce. Child custody arrangements may also affect this decision, particularly if the child will reside primarily with one parent. When you’re preparing for divorce, be sure to contact a Tampa, FL child custody lawyer. Our attorneys work with both custodial and non-custodial parents to sort out child custody and property division issues.
Alternative Solutions for Dividing the Marital Home
If divorcing spouses want to avoid dividing a marital home, they can explore alternative solutions with a Tampa family lawyer. Attorneys provide guidance based on your specific circumstances, including your financial situation, parenting schedule, and long-term goals.
Buyout Agreements
A buyout agreement occurs when one spouse pays for the other spouse’s share of the home’s equity, allowing them to take full ownership of the home. This is often used when one parent wants to stay in the house with the children to maintain a stable environment. A buyout agreement may involve refinancing to remove the other spouse from the mortgage. This helps protect both sides and gives one parent clear responsibility for the property moving forward. Quinn & Lynch attorneys provide support for couples who want to settle home division through a buyout agreement.
Selling the Home
If both parties cannot afford the monthly payments or want a clean financial break, selling the home is another option. When the house is sold, the courts will divide the equity fairly based on each spouse’s financial needs. Certain fees, such as commissions, closing costs, and other expenses, may come out of the sale price. Keep in mind that this will reduce your net proceeds. In some cases, spouses may agree to a deferred sale, which would allow the house to be sold at a later time. A divorce attorney can help you decide if selling your home is the best option after your divorce.
Co-Owning the House After Divorce
Some former spouses choose to keep joint ownership of a home for a period of time, especially when they want the kids to continue staying in the house. Many couples also choose to temporarily co-own when they want to delay selling their home until the housing market improves. To avoid problems later, the arrangement must include an explicit legal agreement that explains who will pay for repairs, taxes, and other costs, as well as when and how the home will be sold in the future. This helps both parties stay protected while sharing responsibility for the property.
How to Protect Your Legal Rights During Property Division
Protecting your legal rights during property division starts with understanding the value of your assets and debts. Furthermore, you’ll need to consider your long-term financial needs and goals. Our attorneys work closely with clients to help them sort out property division and home equity matters.
To ensure accurate valuation of your assets, you may want to consult with a financial advisor. The team at Quinn & Lynch, P.A. can connect you with a local real estate divorce specialist. Once you’ve determined your home’s value, we can ensure fair property division. We construct our case based on our familiarity with local courts and knowledge of family law. Our attorneys take great care to help you settle matters quickly and efficiently, especially when there are children involved.
Schedule a Consultation With a Tampa Family Law Attorney at Quinn & Lynch, P.A.
If you are facing divorce or need help dividing property, reach out to Quinn & Lynch, P.A. Our law firm supports Tampa families through the divorce settlement process. When you hire one of our attorneys, we’ll carefully explain your legal options and help you reach a favorable outcome. We understand that divorce can feel overwhelming, so we take the time to compassionately guide you through each stage and help you make informed decisions about your future.
Don’t wait to seek the legal help you need. Schedule a consultation today by calling (813) 223-7739 or by completing our online contact form.
