How do I sell my house during divorce 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

Selling a house during a divorce in Fort Lauderdale is a legal process governed by Florida’s "equitable distribution" laws. You can sell the home by reaching a mutual agreement with your spouse or by obtaining a court order if you cannot agree. Under Florida law, the home is usually considered a marital asset, and its value must be divided fairly between both parties based on specific statutory factors.

Key Details

In Florida, the marital home is often the most significant asset a couple owns. Unlike "community property" states where assets are split exactly 50/50, Florida uses equitable distribution. This means the court aims for a division that is fair, which often starts at a 50/50 split but can be adjusted based on the length of the marriage and each spouse's financial situation.

Before you can sell, you must determine if the home is marital or non-marital. A home is generally marital if it was purchased during the marriage with shared funds. Even if one spouse owned the home before the wedding, it may become partially marital if marital funds (like a joint paycheck) were used to pay the mortgage or if marital effort (like a DIY renovation) increased its value. This is known as "active appreciation."

There are three common ways to handle the home in a Fort Lauderdale divorce:

1. A Mutual Sale: Both spouses agree to hire a Realtor, sell the house, and split the proceeds according to their settlement agreement. This is often the fastest and least expensive route.
2. A Buyout: One spouse keeps the home by paying the other spouse their share of the equity. This usually requires refinancing the mortgage to remove the other spouse's name.
3. Deferred Sale: The court may allow one spouse (often the primary caregiver of children) to live in the home for a specific period, such as until the youngest child turns 18, before the house is sold.

If you and your spouse cannot agree, one party can file a Petition for Partition. This asks the court to force the sale of the property. However, judges in Broward County prefer that these issues be resolved within the divorce case itself rather than through a separate partition lawsuit, which can be more costly.

FL-Specific Laws

Florida’s divorce and property laws are found in the Florida Statutes. Key laws include:

• Florida Statute 61.075 (Equitable Distribution): This is the primary law governing property division. It mandates that the court start with the premise that distribution should be equal unless there is a justification for an unequal split, such as one spouse’s contribution to the other's career or the need for a child to stay in the home.
• Florida Statute 61.021 (Residency): To file for divorce in Fort Lauderdale, at least one spouse must have resided in Florida for at least six months prior to filing the petition. You must provide proof, such as a Florida driver’s license or voter registration card.
• Florida Statute 61.19 (Waiting Period): Florida requires a 20-day waiting period from the date the divorce petition is filed before a final judgment can be entered, though this can be waived in emergencies.
• Florida Statute Chapter 64 (Partition): If co-owners cannot agree on a sale, this statute allows for a forced sale of the property. In a divorce context, this is often handled under the family law judge's equitable distribution authority.
• Homestead Protections: The Florida Constitution provides strong protections for your primary home against creditors, but these protections do not prevent a spouse from seeking a forced sale during a divorce.

Fort Lauderdale Local Context

In Fort Lauderdale, divorce cases are handled by the 17th Judicial Circuit Court of Florida, located at the Broward County Courthouse (201 SE 6th Street).

• Mandatory Mediation: Broward County is strict about mediation. Before a judge will hear a contested issue regarding your home sale, you will almost always be ordered to attend mediation. This is a private meeting where a neutral third party helps you reach an agreement. If you reach a deal, you sign a "Mediated Settlement Agreement," which becomes a binding court order once signed by the judge.
• Mediation Costs: Broward County offers a court-sponsored mediation program for families with a combined income under $100,000. Fees are tiered (e.g., $60 to $120 per person per session) based on income, making it more accessible than private mediation.
• Clerk of the Courts: You must file your divorce paperwork with the Broward County Clerk of the Courts. They provide various self-help forms, but they cannot give legal advice.

What You Can Do Right Now

1. Gather Documentation: Find your original deed, recent mortgage statements, property tax bills, and homeowners insurance policies. You will need these for the "Mandatory Disclosure" phase of your divorce.
2. Get an Appraisal: Hire a professional appraiser to determine the current market value of the home. This provides a neutral number for both parties to work with.
3. Consult a Neutral Realtor: If you plan to sell, choose a real estate agent who has experience with divorce sales. This person should be neutral and communicate equally with both spouses to avoid conflicts of interest.
4. Check Your Credit: Ensure mortgage payments continue to be made during the divorce. In Florida, if both names are on the mortgage, a single missed payment will damage both of your credit scores, regardless of who was "supposed" to pay.
5. File a Motion for Temporary Relief: If you need to sell the house urgently before the divorce is final, your attorney can file a motion asking the judge to authorize the sale earlier in the process.