Dividing The Marital Home In A Fort Lauderdale Divorce: What You Need To Know In 2025

For many couples going through a divorce in Fort Lauderdale, determining what to do with the marital home presents a serious dilemma. Your home is likely one of your most valuable assets, and with fluctuating real estate markets, knowing your rights and options is essential. Our Fort Lauderdale divorce attorney explains how state laws apply and factors to consider before making a decision.

Options For Dividing the Marital Home In A Fort Lauderdale Divorce

Having your own home provides a sense of security and represents a significant investment of your time and money. Both emotional attachments and financial considerations make it difficult to determine how to divide a marital home in Fort Lauderdale divorce proceedings.

Under Section 61.075 of the Florida Statutes, real estate, vehicles, and other marital property and assets are divided equitably, though not always evenly, in a Fort Lauderdale divorce.  In terms of equitable division of the marital home, options to consider include:

• Sell your home and split all proceeds: According to NASDAQ estimates, Fort Lauderdale will remain a hot housing market in 2025. Selling may be the best financial move, allowing both spouses to start fresh.
• One spouse buys out the other: If one of the spouses has sentimental or practical reasons for wanting to keep the marital home, they can refinance and buy out the other’s share.
• Co-owning the home post-divorce: Some couples choose to retain joint ownership for some time following their Fort Lauderdale divorce and sell later, such as if children are involved.
• Offsetting with other assets: To keep the marital home, one spouse may be willing to surrender other assets, such as investment properties or money in financial accounts.

Each option has financial and legal implications, so consult with an experienced Fort Lauderdale divorce attorney before making a decision.

Key Considerations For Divorcing Couples in Fort Lauderdale When Dealing With The Marital Home

Disputes over what happens to the marital home are common in Fort Lauderdale divorce proceedings. To protect your rights, keep in mind these key considerations:

• Affordability of mortgage payments and maintenance if one spouse wishes to keep the home;
• The impact of moving on children, a primary concern for divorcing parents;
• The total amount of your mortgage and other marital debts, which may make selling the home a necessity;
• Tax implications due to selling or transferring ownership of your home during Fort Lauderdale divorce proceedings, which can be significant.

Contact Our Fort Lauderdale Divorce Attorney To Discuss Your Options

Determining what to do with the marital home when getting a divorce in Fort Lauderdale is never easy. Making the right decision in your particular case requires careful legal planning and thoughtful consideration of the potential impacts.

Sandra Bonfiglio protects your rights throughout divorce proceedings, explains how state laws apply, and can help you realistically weigh your options when it comes to keeping the marital home. To make the best choice for you and your family, call or contact our office online. Request a consultation today with our experienced Fort Lauderdale divorce attorney.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

nasdaq.com/articles/2025-real-estate-forecast-top-9-markets-florida