Who Gets the House in a Divorce with Children in Florida?

Who Gets the House in a Florida Divorce When Children Are Involved?

Quick Answer: In Florida divorces with children, courts often award exclusive use of the marital home to the parent with majority time-sharing—at least temporarily. This prioritizes stability for children. However, this doesn't mean permanent ownership; the house is still subject to equitable distribution under F.S. 61.075.

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How Children Affect the House Decision

When minor children are involved, Florida courts consider their welfare as a primary factor. This often means:

Temporary Exclusive Use

Courts frequently grant the primary residential parent exclusive use of the home during and after divorce to:

• Minimize disruption to children's lives
• Keep children in their school district
• Maintain stability during a difficult transition
• Preserve the children's relationships with friends and community

The "Nesting" Arrangement

Some Florida families use nesting, where:

• Children stay in the family home full-time
• Parents rotate in and out based on time-sharing schedule
• Each parent has a separate residence for their "off" time

This is typically temporary while parents work out permanent arrangements.

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Common Outcomes for Houses with Children

Scenario 1: One Parent Keeps the House

Most common when:

• One parent has majority time-sharing (60%+)
• That parent can afford the mortgage alone or with alimony
• Children are established in school/community
• Enough other assets exist to offset the home's equity

How it works:

• Parent keeping house "buys out" the other's equity share
• Buyout can come from: refinancing, trading other assets, or structured payments
• The other spouse is removed from the mortgage (refinance required)

Scenario 2: Deferred Sale (Most Common with Children)

When courts order this:

• Neither parent can afford buyout now
• Children's stability is paramount
• Parents agree to defer decisions

How it works:

• One parent lives in home with children
• Sale is deferred until a triggering event:

- Youngest child turns 18

- Youngest child graduates high school

- Custodial parent remarries or cohabitates

- Custodial parent chooses to sell

• Both spouses remain on mortgage (problematic for the one who moves out)
• Equity is split when house eventually sells

Scenario 3: Immediate Sale and Split

When this happens:

• Neither parent can afford the home alone
• Both parents want a fresh start
• High conflict makes shared ownership unworkable
• Home is underwater or has little equity

Impact on children:

• Both parents find new housing
• Children adjust to new home(s)
• May require school change

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Factors Courts Consider Under F.S. 61.075

When deciding who gets the house with children involved, Florida courts apply the equitable distribution factors in F.S. 61.075(1), which states the court "must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors."

Relevant factors include:

Child-Related Factors

Financial Factors

Practical Factors

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The Buyout Process

If one parent keeps the house, here's how the buyout typically works:

Step 1: Determine Home Value

• Professional appraisal (most accurate)
• Comparative market analysis from realtor
• Agreed value between parties

Step 2: Calculate Equity

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Home Value: $400,000

Mortgage Balance: $250,000

Equity: $150,000

Each Spouse's Share: $75,000

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Step 3: Execute Buyout

Option A: Cash-Out Refinance

• Parent keeping house refinances for $325,000
• Uses $75,000 to pay other spouse
• Takes over mortgage in their name only

Option B: Trade Other Assets

• Keeping parent gets house ($75,000 equity)
• Other parent gets retirement accounts ($75,000)
• No cash changes hands

Option C: Structured Payments

• Keeping parent pays other spouse over time
• Secured by lien on property
• Interest may be charged

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Protecting Your Interest in the Home

If You Want to Keep the House:

If You're Willing to Leave:

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Common Mistakes to Avoid

❌ Keeping a house you can't afford - Emotional attachment shouldn't override financial reality

❌ Staying on the mortgage - If your ex keeps the house, require refinance to remove your name

❌ Forgetting about taxes - Capital gains exclusion requires living in home 2 of last 5 years

❌ Ignoring maintenance costs - Budget for repairs, property taxes, insurance

❌ Not considering the children's actual needs - Sometimes a smaller home in a good area is better

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We Help Families Navigate This Decision

At Divorce.law, we help parents make smart decisions about the marital home. Our approach:

• Analyze your finances to determine what you can actually afford
• Calculate true cost of keeping vs. selling including all expenses
• Negotiate creative solutions like deferred sales or asset trades
• Protect your children's interests while ensuring financial security

Flat-fee pricing means you can focus on your family, not your legal bill.