An Uncontested Florida Divorce Where the Marital Home Is Being Sold

This couple had been married about two years, had no children, and had been separated for a few months when they decided to end the marriage on agreed terms. Their case shows how an uncontested Florida divorce can handle a jointly owned home that is not being kept by either spouse, and how a settlement agreement can be written so that each spouse knows exactly what to do next and by when.

The home was titled in both spouses' names, but the mortgage was in the husband's name alone. Instead of having one spouse buy the other out, the settlement agreement required the home to be listed for sale within 30 days after the Final Judgment. Until it sells, the wife has the exclusive right to live there, she is responsible for the mortgage payments, association dues, and lawn care while it is on the market, and she keeps all of the net proceeds after the mortgage and ordinary closing costs are paid. Because the mortgage is in the husband's name, the agreement also says the wife must hold him harmless if a payment is missed, and both spouses must sign listing and closing paperwork within ten days of being asked. Firm dates like these give both people a clear checklist and make the agreement easier to enforce if someone falls behind.

The rest of the property division was simple. Each spouse kept their own bank accounts, and there were no retirement accounts to divide. The wife kept the truck and its loan, which was larger than the vehicle's value, a situation the firm pointed out to the clients so it would not be a surprise. Each spouse kept responsibility for their own credit card debt, and the husband agreed to pay off a balance owed on home security equipment within 90 days after the Final Judgment. The husband is a veteran who receives VA disability compensation and no military retirement pay, so there was no military pension or survivor benefit to divide, and VA disability was not treated as divisible marital property. Both spouses waived alimony, and the wife's former name was restored in the Final Judgment.

Both spouses signed before a Florida online notary over video. The signed packet was filed with the court in early October, the proposed Final Judgment was submitted to the judge the same day the case number was assigned, and the judge entered it the next day without a hearing. Once the Final Judgment was entered, the firm sent both spouses a summary of the deadlines that matter going forward and instructions for ordering a certified copy for the wife's name change.

Frequently Asked Questions

What happens to a home that both spouses own when neither wants to keep it?

The settlement agreement can require the home to be sold and spell out the details: how soon it must be listed, who lives there and pays the bills until it sells, how the net proceeds are divided, and how quickly each spouse must cooperate with listing and closing documents. Putting those details in writing helps avoid disputes while the house is on the market.

Can one spouse keep all of the sale proceeds?

Yes, if both spouses agree. In an uncontested divorce the spouses can divide the proceeds however they choose, including giving one spouse 100 percent of the net proceeds, as long as the agreement is voluntary and the court approves it in the Final Judgment.

What if the mortgage is only in one spouse's name but both are on the title?

Title and the mortgage are separate. The agreement can state which spouse makes the payments while the home is for sale and require that spouse to hold the other harmless if a payment is missed. Because the lender is not a party to the divorce, the mortgage itself stays in place until the home is sold or refinanced.

Is VA disability pay divided in a Florida divorce?

Generally no. VA disability compensation is not treated as divisible marital property the way military retired pay can be. The settlement agreement should still note what military benefits, if any, are involved so nothing is overlooked.

How do I get a certified copy of my Final Judgment to change my name?

A restored name is included in the Final Judgment, and you will need a certified copy of it, not a plain copy, to update your name with the DMV and other agencies. The clerk of the court in the county where the case was filed can provide certified copies, and many clerks offer ordering online.

Why was the case filed in a county other than where the spouses live?

Florida allows uncontested cases to be filed in a county by consent of the parties. The firm files its uncontested cases in a single Florida county under a written venue agreement, which keeps the process consistent and efficient regardless of where in Florida the spouses live.