What if my ex won't agree to sell the house in Fort Lauderdale?

If you own a house in Fort Lauderdale, FL and you are dealing with divorce, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Fort Lauderdale and how sales are handled in FL, not generic national advice.

Direct Answer If your ex-spouse refuses to sell the house in Fort Lauderdale, you can ask a Florida judge to force the sale through a legal process called a partition action or as part of the equitable distribution in your divorce. Florida law does not allow one person to hold the other hostage in a property they no longer want to own together. Because Florida is an equitable distribution state, the court has the power to order the home sold and the profits divided fairly between both parties. ## Key Details In Fort Lauderdale, the marital home is often the most valuable asset a couple owns. When one person wants to sell and the other does not, the situation is called a property dispute. If you are currently in the middle of a divorce, the judge will look at the house as part of your total financial picture. Florida follows the rule of equitable distribution, which is found in Florida Statute 61.075. This means the court starts with the idea that marital assets should be split 50/50, but they can change that split to be fair based on specific facts. If your ex-spouse refuses to cooperate, you have two main paths. The first is through the divorce case itself. You can ask the judge to award you the house so you can sell it, or ask the judge to order a court-mandated sale. The second path is a partition action under Florida Statute Chapter 64. A partition action is a separate type of lawsuit where you ask the court to physically divide the land or, more commonly with a house, sell it and split the money. Most people in Fort Lauderdale prefer to settle these issues during mediation. In Broward County, the courts actually require you to try mediation before you can go to a trial. Mediation is a meeting where a neutral person helps you and your ex reach an agreement. If you can show your ex that a forced sale by the court might result in a lower price and higher legal fees, they might finally agree to a traditional sale with a real estate agent. Another important factor is 'Exclusive Use and Possession.' Sometimes, a judge will let one spouse stay in the house for a certain amount of time, especially if there are children involved. This usually lasts until the youngest child turns 18 or graduates high school. After that time is up, the house is typically sold. If your ex is refusing to sell because they want to keep living there but cannot afford to buy out your share, the court will likely eventually order a sale to ensure you receive your portion of the equity. ## FL-Specific Laws Florida laws are very specific about how property is handled. Under Florida Statute 61.075, the court looks at several factors to decide how to split the house. These include how long the marriage lasted, the financial situation of each person, and whether one person put more work or money into the home. It is important to know that Florida is not a community property state. In community property states, everything is 50/50 no matter what. In Florida, the goal is 'equity,' which means fairness. If you owned the home before the marriage, it might be considered a non-marital asset. However, if you used marital funds to pay the mortgage or if the home increased in value during the marriage due to shared efforts, your ex may still be entitled to a portion of that value. If you choose the partition route, Florida Statute Chapter 64 governs the process. You must file a 'Complaint for Partition' in the county where the property is located. For Fort Lauderdale, this is Broward County. Once the judge signs a judgment of partition, the property can be sold. Usually, the court will appoint a 'Special Magistrate' to oversee the sale. This can be a public auction or a private sale. A big downside to a court-ordered partition sale is that it can be expensive. You will have to pay for court costs, the magistrate, and legal fees, which are often taken out of the home's equity. Regarding residency, Florida Statute 61.021 requires that at least one spouse must have lived in Florida for at least six months before filing for divorce. This is a strict requirement to use the Florida court system. ## Fort Lauderdale Local Context In Fort Lauderdale, your legal case will be handled by the 17th Judicial Circuit Court of Florida. The main courthouse is the Broward County Judicial Center located at 201 SE 6th Street, Fort Lauderdale, FL 33301. The Family Law Division of this court handles all divorce and property division matters. Broward County is known for having a very strict mandatory mediation policy. According to the local court rules, almost all contested family law cases must go through mediation before a judge will hear the case. This is designed to save time and money for the residents of Fort Lauderdale. The Broward County Clerk of the Courts, currently led by Brenda D. Forman, manages all the records for these cases. If a house is forced into a public sale through partition, it is often sold through an online auction system managed by the Clerk's office. This is a very transparent process, but as mentioned before, it rarely gets the same high price as a house sold on the open market through the Multiple Listing Service (MLS). Fort Lauderdale's real estate market is currently very active, with high property values. This makes the stakes even higher. If you and your ex cannot agree, you are risking a large amount of equity. Local judges are aware of the high cost of living in South Florida and will often encourage parties to sell the home and use the proceeds to find separate housing. ## What You Can Do Right Now If you are facing this problem, there are several steps you should take immediately. First, get a professional appraisal of the home. You need to know exactly how much the house is worth before you can negotiate. Second, gather all your financial records. This includes your mortgage statements, property tax bills, and records of any repairs or improvements you paid for. Under Florida Family Law Rule of Procedure 12.285, you will eventually have to share these documents anyway through a process called 'mandatory disclosure.' Third, check the title of your home. Look at the deed to see if it says 'Tenants by the Entireties' or 'Joint Tenants with Rights of Survivorship.' This affects how the property is handled if one person passes away during the divorce. Fourth, consult with a local Fort Lauderdale real estate or family law attorney. They can help you send a formal demand letter to your ex-spouse. Sometimes, seeing a formal letter from a lawyer that explains the costs of a partition action is enough to make an uncooperative spouse change their mind. Finally, consider suggesting a 'Buyout.' If your ex wants to stay in the house, they may be able to refinance the mortgage in their own name and pay you your share of the equity in cash. This is often the best result for everyone involved because it avoids the costs of a public sale and allows one person to keep their home while the other gets the money they need to move on.