Can I Keep The House In A Florida Divorce?
Going through a divorce is tough, and the question of who keeps the family home can be even tougher. One of the most common concerns for couples facing a divorce in Tampa and Hillsborough County is Can I Keep The House In A Florida Divorce? This can be a complicated issue, but understanding Florida’s divorce laws can help make the process clearer. Let’s explore the factors that courts consider when determining who gets the marital home.
Understanding Marital vs. Non-Marital Property
In Florida, the initial step in deciding who keeps the house involves distinguishing between marital and non-marital property. According to Florida Statutes Section 61.075, marital property includes assets acquired and liabilities incurred during the marriage, whereas non-marital property consists of assets and liabilities each spouse had before the marriage.
- Marital Property: Includes the family home bought after marriage, regardless of who holds the title.
- Non-Marital Property: Includes properties owned individually before marriage or received as gifts or inheritance by one spouse.
When a home is considered marital property, how it is divided depends on several factors, such as both parties’ contribution to the marriage and economic circumstances, as outlined by Florida law (Fla. Stat. § 61.075).
Factors Courts Consider for House Division
The division of the marital home can be influenced by various factors, including:
- Contribution to the Marriage: Both financial and non-financial contributions will be taken into account.
- Economic Circumstances: The court looks at each spouse’s financial standing post-divorce.
- Duration of the Marriage: Longer marriages may weigh more considerably in certain divisions.
- Child Custody: If there are minor children involved, the parent with primary custody often stays in the home to provide stability.
- Desirability of Retaining the Marital Home: Factors like sentimental value or the home’s condition and mortgage status can be considered.
Options for Dividing the Marital Home
The court may order one of several solutions when it comes to the marital home:
- One Spouse Buys Out the Other: One party may keep the house by buying out the other’s share.
- Selling the Home: The home can be sold, and the proceeds divided between the spouses.
- Deferred Sale: Both parties might agree to sell the home at a later date, for instance, after children finish school.
Frequent Questions: Can I Keep The House In A Florida Divorce?
| Question | Answer |
|---|---|
| Can I keep the house if it was purchased before marriage? | If the home was purchased before the marriage and remains titled in your name, it’s considered non-marital property. However, any mortgage payments made with marital funds could make a part of it subject to division. |
| Who pays the mortgage during divorce proceedings? | This depends on the temporary orders set by the court. In many cases, both spouses may be responsible until a final decision is made. |
| What if my spouse agrees to let me keep the house? | If you and your spouse mutually agree, the court is likely to honor the agreement, assuming it’s equitable. |
Local Resources in Tampa and Hillsborough County
| Resource | Contact Information |
|---|---|
| Hillsborough County Clerk of Court | hillsclerk.com |
| The Spring of Tampa Bay (Domestic Violence Support) | thespring.org |
| Tampa Family Support Services | fssnf.org |
Professional Legal Help in Tampa
Dealing with through the intricate laws that govern divorce in Florida can be challenging. For compassionate and knowledgeable support, consider reaching out to Mindi Lasley P.A., a top Tampa divorce and family lawyer. With years of experience serving the Tampa community, Mindi Lasley’s legal team can offer personalized advice to help you get through this difficult time. Call (813) 873-9047 for help.