The marital home is almost always the largest asset — and the biggest headache — in a Florida divorce. In Duval County, where the median home price sits above $290,000, the house represents a six-figure asset that both parties need to deal with before they can truly move on. And unlike splitting a bank account, splitting a house requires either selling it, buying out the other spouse, or continuing to co-own it — none of which are simple when communication has broken down.
This guide covers the legal framework, practical options, and financial math of selling a house during a divorce in Florida, with specific details for Jacksonville homeowners navigating the process through the 4th Judicial Circuit.
Florida Is an Equitable Distribution State — Not 50/50
Florida doesn’t use community property rules. Instead, Florida Statute 61.075 requires equitable distribution of marital assets and liabilities. “Equitable” means fair — not necessarily equal. The Duval County Family Court (part of the 4th Judicial Circuit) considers factors including:
- Length of the marriage
- Each spouse’s economic circumstances
- Contributions to the marriage (including homemaking and child-rearing)
- Whether either spouse intentionally depleted marital assets
- Whether either spouse wants to keep the marital home as the primary residence for minor children
In practice, many Jacksonville divorces result in a roughly 50/50 split of the home equity, but the court has discretion to adjust that based on the circumstances. If one spouse contributed a non-marital down payment — say, $40,000 from an inheritance — they may receive credit for that amount before the remaining equity is divided.
Marital Property vs. Separate Property: Which Homes Get Split
Not every home owned by a divorcing couple is a marital asset. Under Florida law:
- Marital property: Any home purchased during the marriage is presumed marital, regardless of whose name is on the deed or the mortgage. A house bought in 2018 with only one spouse on the title is still marital property if it was purchased with marital funds.
- Separate property: A home one spouse owned before the marriage — or inherited or received as a gift during the marriage — may remain separate property. However, if marital funds were used for mortgage payments, renovations, or upkeep, the other spouse may have a claim for marital investment in the property’s appreciation.
This distinction matters in Jacksonville’s neighborhoods with longer-tenured homeowners. A Riverside bungalow purchased before the marriage for $150,000 that’s now worth $380,000 — where both spouses paid the mortgage from joint income for 12 years — involves complex calculations about commingled assets that the court must untangle.
Your Three Options for the Marital Home
Option 1: One Spouse Buys Out the Other
If one spouse wants to keep the house, they need to refinance the mortgage in their name alone and pay the other spouse their share of the equity. In Jacksonville’s current rate environment, refinancing a $250,000 mortgage at 6.5-7% means qualifying on a single income — which isn’t possible for many recently divorced individuals whose household income just dropped by half.
The buyout amount is calculated from the home’s fair market value (established by appraisal), minus the mortgage payoff, divided per the equitable distribution agreement. On a $300,000 Jacksonville home with $200,000 owed, the equity is $100,000. If split 50/50, the staying spouse needs $50,000 cash plus the ability to carry the mortgage solo.
Option 2: List With an Agent and Sell Traditionally
This is the most common approach, but it introduces significant friction during an already contentious process. Both spouses need to agree on:
- The listing agent
- The listing price
- What repairs or staging to invest in
- The showing schedule (who moves out? who keeps the house clean?)
- Whether to accept a given offer
In Duval County, the average days on market for a traditionally listed home is 52 days. Add 30-45 days for the buyer’s financing to close. That’s three months minimum — during which both parties are paying the mortgage, property taxes, insurance, and maintenance on a home neither may be living in.
If the buyer’s financing falls through — which happens in roughly 15% of traditional sales — the clock resets. Meanwhile, attorney fees accrue, and the divorce settlement can’t be finalized because the largest asset hasn’t been liquidated.
Option 3: Sell for Cash and Close in Days
A cash sale reduces the home disposition to a single decision: accept or reject one offer. No listing, no showings, no repair negotiations, no buyer financing risk, no 90-day timeline.
For divorcing couples in Jacksonville, the advantages are practical:
- One number for both parties to evaluate — no back-and-forth about listing price, repair credits, or buyer offers
- Close in 7-14 days — freeing both parties to finalize the settlement and move on
- Zero commissions — saving 6% ($18,000 on a $300,000 home) that would otherwise come out of the shared equity
- Complete privacy — no MLS listing, no yard sign, no open houses. In neighborhoods like San Marco, Riverside, or the Beaches communities where social circles overlap, that privacy matters.
- No repair investment — the property transfers as-is, eliminating the argument about who pays for the $12,000 roof or the $8,000 HVAC replacement
The Financial Math: Traditional Sale vs. Cash Sale During Divorce
Consider a typical Jacksonville divorce scenario:
Property: 3BR/2BA in Arlington (32211), current market value $260,000, mortgage balance $175,000.
| Traditional Sale | Cash Sale | |
|---|---|---|
| Sale price | $260,000 | $220,000 |
| Agent commissions (6%) | -$15,600 | $0 |
| Closing costs (2%) | -$5,200 | $0 |
| Pre-sale repairs | -$8,000 | $0 |
| Carrying costs (3 months) | -$6,300 | -$700 |
| Mortgage payoff | -$175,000 | -$175,000 |
| Net equity to split | $49,900 | $44,300 |
| Per spouse (50/50) | $24,950 | $22,150 |
The $2,800 difference per spouse is real — but it comes at the cost of three additional months of shared financial obligation, ongoing communication requirements, and the risk of the deal falling through. For many divorcing couples, $2,800 is a small price for certainty and speed.
And that traditional sale scenario assumes everything goes perfectly. If the buyer’s appraisal comes in low, if the inspection reveals an issue, if the financing falls through — the costs and timeline grow, and the per-spouse gap shrinks or disappears entirely.
Selling Before vs. After the Divorce Is Finalized
Selling during the divorce (before final judgment): This is legal in Florida with both parties’ written consent. Many Jacksonville family law attorneys recommend it because it simplifies the equitable distribution calculation — instead of splitting a house, you’re splitting a known dollar amount. The sale proceeds can be held in escrow at the title company until the marital settlement agreement or court order directs distribution.
Selling after the divorce: If the divorce decree awards the house to one spouse with instructions to sell, that spouse handles the sale and distributes proceeds per the decree. This can work but creates enforcement risk — the spouse with the house may delay selling, rent it out, or let it deteriorate.
The cleanest approach, from both a legal and emotional standpoint, is selling during the proceedings. It removes the most contentious asset from negotiation, converts it to liquid cash that’s easy to divide, and lets both parties close this chapter.
What If One Spouse Won’t Agree to Sell?
This happens frequently. One spouse wants to sell, the other wants to keep the house (or simply wants to obstruct the process). Under Florida law, the Duval County Family Court can:
- Order the sale as part of equitable distribution — the judge directs the property to be listed or sold and specifies how proceeds are divided
- Award the home to one spouse with an offset — the keeping spouse receives the house but gives up a proportionate share of other assets (retirement accounts, investments, etc.)
- Order a partition sale — in extreme cases, a court-ordered sale where neither party controls the terms
Getting a court order takes time — typically 2-4 months in the 4th Judicial Circuit’s family division. During that time, having a concrete cash offer on the table can move negotiations forward. When both attorneys can point to a real number — not a hypothetical listing price — it grounds the conversation in reality.
Protecting Yourself During the Sale Process
Several Florida-specific legal protections matter during a divorce property sale:
Automatic Temporary Injunction: When a divorce petition is filed in Duval County, Florida Family Law Rule 12.615 imposes an automatic injunction prohibiting both parties from selling, transferring, or encumbering marital property without written consent or court order. This prevents one spouse from unilaterally selling the house — both must agree.
Homestead Exemption: Florida’s homestead laws affect property transfers during divorce. Under Article X, Section 4 of the Florida Constitution, if both spouses reside in the home, both must sign any deed transferring the property — regardless of whose name is on the title. This protection is automatic and doesn’t require any filing.
Marital Settlement Agreement: The MSA is the binding document that specifies how all assets — including real estate proceeds — are divided. Any sale should be coordinated with your attorney to ensure the closing instructions align with the MSA terms. The title company distributes funds according to the written agreement at closing.
When the House Is Underwater
If you owe more than the house is worth — possible for Jacksonville homeowners who bought at 2021-2022 peak prices with minimal down payments — the sale creates a shortfall rather than equity to divide. In this situation:
- A short sale can be negotiated with the lender, where they accept less than the full payoff amount. We handle short sale negotiations directly with your lender at no cost.
- The equitable distribution may allocate the deficiency (or the lender’s forgiven debt) as part of the overall asset/liability division.
- If you’re also behind on mortgage payments because one spouse moved out and the remaining income can’t cover the full payment, the urgency increases. A short sale is better than a foreclosure for both parties’ credit scores.
The Bottom Line
Selling a house during a divorce in Florida doesn’t have to be the nightmare it’s often described as. The legal framework exists to protect both parties, and the practical options — once you understand them — come down to a straightforward calculation: what’s the fastest, cleanest way to convert this shared asset into divided cash?
For many Jacksonville couples, a cash sale is the answer. One offer, one closing, proceeds distributed per your agreement, and both parties walk away free to start the next chapter. If you’re navigating a divorce and need to sell your Jacksonville home, request a free cash offer — it’s confidential, takes two minutes, and gives you a concrete number to work with as you plan your next move.