The short version
- Every owner on the deed signs. While you are married, a spouse must also join the sale of a homestead, even one titled to the other spouse alone (Fla. Const. art. X, sec. 4(c)).
- A divorce decree does not take anyone off the mortgage. The lender can collect from everyone on the loan until it is paid off, refinanced or the lender releases a borrower (CFPB).
- Florida courts start from the premise that marital assets and debts are split equally, and a house owned as tenants by the entireties is presumed marital (Fla. Stat. 61.075).
- After the divorce, spouses who owned as tenants by the entireties become tenants in common (Fla. Stat. 689.15). If co-owners cannot agree, either can file for partition, and a court may order a house that cannot be divided sold at public auction (Fla. Stat. 64.071).
- In Hillsborough, a standing order served with every divorce petition tells both sides not to dispose of or waste marital assets. Whatever county you are in, read the orders in your own case first.
Can you sell a house during a divorce in Florida?
Yes, when everyone who must sign agrees, or when a court orders it. A judge can enter orders about marital property while the case is open, so check your orders with your family law attorney before you list the house or sign anything.
The court divides marital assets and debts starting from "the premise that the distribution should be equal," unless the factors in the law justify a different split (Fla. Stat. 61.075). A house the couple owns as tenants by the entireties is presumed marital. One factor is whether to keep the home as a residence for a dependent child or the other party when that is fair and affordable (61.075(1)(h)). Title to disputed assets passes only by the court's judgment (61.075(8)).
A jointly owned house can end up in one of these ways:
- You both agree to sell now, before the final judgment, and agree in writing how the money is held or split.
- Your settlement agreement or final judgment says to sell, and can set the listing date, how the price is chosen and how the proceeds are split.
- One of you keeps the house and buys out the other's share.
- You keep owning it together for a set time, for example while a child finishes school.
- After the divorce, a co-owner files for partition when the two of you cannot agree.
Who has to sign to sell the house?
Every owner on the deed. While you are still married, if the house is your homestead, your spouse must join the sale even if only your name is on the deed.
The rule comes from the Florida Constitution: "The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift" (Art. X, sec. 4(c), Fla. Const.). Each co-owner can sell only his or her own share, so a buyer of the whole house needs every owner to sign.
| Situation | Who signs the deed |
|---|---|
| Both spouses are on the deed, still married | Both spouses |
| Only one spouse is on the deed, the house is the homestead, still married | The owner, joined by the other spouse (Art. X, sec. 4(c)) |
| Only one spouse is on the deed and it is not a homestead, such as a rental owned before the marriage | The owner, since 61.075(8) does not require a spouse to join in selling the other's individual property. Orders in your case can still limit a sale. |
| After the final judgment, both names still on the deed | Both former spouses, now tenants in common (Fla. Stat. 689.15) |
| The final judgment awarded the house to one spouse | The owner the judgment names, since title to disputed assets passes by the court's judgment (61.075(8)) |
Signing does not change who owns the money. Since 2024, the law says a spouse who joins a deed only to sell a homestead to someone else does not make the house or the sale money marital property (61.075).
Deeds between spouses. One spouse can deed the house, including a homestead, directly to the other (Fla. Stat. 689.11). That is one way to finish a buyout.
Want to know what we would pay?
Tell us about the house. Matan reviews it himself and calls you back.
What happens to the mortgage when you divorce?
Nothing changes with the lender. A divorce decree can say who pays, but the lender can still collect from everyone who signed the loan until it is paid off, refinanced, or the lender releases a borrower.
- The decree does not bind the lender. The CFPB says a decree may assign a debt to one spouse, but a creditor can still collect from anyone listed as a borrower, and "taking your name off a home or vehicle title doesn't take your name off the mortgage" (CFPB).
- Selling ends it for both of you. The loan and any liens are paid off at closing. If the house is worth less than the loan, talk to the lender and your attorney before you list it.
- Refinancing. The spouse who keeps the house takes out a new loan in his or her own name, which pays off the joint loan.
- Assumption. Some loans can be taken over by the spouse who keeps the house. The CFPB reported in December 2024 that people who meet the loan investor's criteria generally do not need to refinance to do this (CFPB Issue Spotlight). Ask your servicer in writing what your loan allows.
- Until then, keep it current. If payments stop, the lender can go after everyone on the loan, whatever the divorce papers say.
What do court orders or a lis pendens mean for a sale?
Orders in your case can limit what either of you may do with marital assets, and a recorded lis pendens puts every buyer on notice that a lawsuit may affect the house. Either one is a reason to talk to your attorney before you sign a contract.
- Lis pendens. A lawsuit affects a house as against outside buyers only if a notice of lis pendens is recorded in the Official Records of the county where the house sits. The notice generally expires 1 year after the case starts unless it is based on a recorded document or the court extends it (Fla. Stat. 48.23). Search both names in the county's Official Records (links below).
- Hillsborough's standing order. The clerk gives every divorce petitioner a Standing Temporary Order, which must be served with the petition and stays in effect until the court changes it (Admin. Order S-2026-059). It says "neither party should conceal, damage, nor dispose of any marital asset" or waste its value, and it ends when the final judgment is signed (Standing Temporary Order).
- Money while the case is open. For good cause, a judge can order an interim partial distribution of marital assets before the final judgment (61.075(5)).
Buy out, sell, or keep owning it together: which option fits?
It depends on whether one of you can afford the house alone, what the house needs, and how easily you can make decisions together. Here is an honest comparison, including not selling.
| Option | Often fits when | Watch for |
|---|---|---|
| One spouse buys out the other | One of you wants to stay and can qualify for the loan alone | You need a value you both accept, and a refinance, an assumption or a release, or the other spouse stays on the loan. A transfer between spouses due to a divorce is not a change of ownership that resets the Save Our Homes assessment (Fla. Stat. 193.155(3)). |
| List with an agent | The house shows well, the timing is flexible, and you can agree on price, repairs and showings | Usually the highest price for a house in good shape, minus commission and closing costs. Every decision until closing needs both of you. |
| Sell as-is to a cash buyer | The house needs work, or you want one walk-through and a set closing date | Cash offers are usually below what a fully repaired house would sell for on the open market. Everyone who must sign still signs. |
| Keep owning it together for a while | A child stays in the home until a set date, or you want to wait to sell | You both stay on the mortgage. Put in writing who pays taxes, insurance and repairs, and when it will be sold. |
| Rent it out and share the income | The rent would cover the mortgage, taxes and insurance | You become landlords together. Renting all of a homestead generally counts as giving up the homestead exemption (Fla. Stat. 196.061). See selling a rental with tenants. |
| Partition (after the divorce) | Co-owners cannot agree | A court case of last resort. If the house cannot be divided fairly, the court may order it sold at public auction, and costs and attorney's fees can be paid out of the sale money (Fla. Stat. ch. 64, 64.071 and 64.081). |
To compare what a cash sale would leave you with what listing might, use our cash offer vs. listing comparison.
How is the sale money split, and what about taxes?
The split comes from your written agreement or a court order. For federal taxes, each owner may be able to exclude up to $250,000 of gain on a main home, and the IRS has special counting rules for divorce.
- At closing, the mortgage, liens, prorated property taxes and closing costs come off first. If you have not agreed on the split yet, ask the title company whether it can hold the rest in escrow until you agree or the court decides.
- Transfers between spouses. Generally no gain or loss is recognized when property moves between spouses, or to a former spouse incident to the divorce: within 1 year after the marriage ends, or under the divorce instrument within 6 years (IRS Publication 504).
- Home sale exclusion. You may exclude up to $250,000 of gain ($500,000 on a joint return) if you owned and lived in the home at least 2 of the 5 years before the sale. If your spouse or former spouse transferred the home to you, you count the time they owned it. If you still own the home and your former spouse lives there under a divorce or separation instrument, that time can count as your use (IRS Publication 523).
- A new Florida homestead for each of you. The Save Our Homes benefit can be split between you (193.155(8)), and spouses can set their shares on Form DR-501TS, which cannot be changed once filed. Each new homestead must be set up within three years of January 1 of the year you gave up the old one (Florida Department of Revenue).
Where are divorce cases and property records handled in Pinellas, Hillsborough and Pasco?
Pinellas and Pasco family cases are in the Sixth Judicial Circuit, and Hillsborough's are in the Thirteenth (Fla. Stat. 26.021). Each county's Clerk takes filings and keeps the Official Records, where deeds, mortgages and any lis pendens are recorded.
| County | Family court | Help and records |
|---|---|---|
| Pinellas | Sixth Circuit. Family cases go to Clearwater or St. Petersburg sections by the ZIP code of the petitioner's attorney, or of the petitioner if there is no attorney (Admin. Order 2026-002, effective February 9, 2026). | Pinellas Clerk of the Circuit Court and Comptroller. Its website blocked our checks in October 2026, so call or visit the Clerk for forms, fees and the Official Records search. None of the Sixth Circuit's family administrative orders is titled as a standing order like Hillsborough's, but your judge can still enter orders in your case. |
| Hillsborough | Thirteenth Circuit. Family divisions sit in Tampa and, for the East Division, Plant City (Admin. Order S-2026-059). The Clerk's Family Law page lists service in downtown Tampa, Plant City and Brandon. | A free walk-in Family Forms Clinic run by Bay Area Legal Services at the Edgecomb Courthouse, Room 210. Its volunteers cannot give legal advice or represent anyone in court. Official Records search for deeds and recorded notices. |
| Pasco | Sixth Circuit. The Clerk's Family Court takes filings at the Robert D. Sumner Judicial Center in Dade City and the West Pasco Judicial Center in New Port Richey. | Legal Resource Centers sell family law forms and packets. Official Records search for deeds and mortgages; family law document images are not shown online. |
Statewide. Florida's courts post family law forms. The Florida Bar's Divorce in Florida pamphlet (updated May 2024) says one spouse must have lived in Florida for six months before filing, and some counties require mediation before a final hearing. The Bar's Lawyer Referral Service offers a 30-minute consultation with a lawyer for no more than $25 (800-342-8011).
How does Tao Home Buyers handle a sale during a divorce?
We buy houses as-is for cash in Pinellas, Hillsborough and Pasco. Everyone who must sign has to agree before a sale can close, and you pick the closing date, so it can line up with your settlement or a court order.
We are the end buyer: Tao Builders LLC buys in its own name and closes at a licensed title company, and we do not assign or wholesale contracts. Earnest money goes to the title company the same day you sign (or the next business morning if you sign after hours). Our proof of funds is a letter from our lender.
We can close in as few as 10 days when the title is clear. Matan walks you through the numbers behind the offer, and your attorneys can review the contract before anyone signs. Our cash offer will usually be below what the house would sell for fully repaired on the open market, so if you can work together on a listing, that may leave you more. Matan, the owner, has bought houses around Tampa Bay for 4 years and has personally bought more than 50. He is a licensed Florida real estate sales associate with Jay Alan Real Estate, buying for his own company as a principal, not as anyone's agent.
Sources
Official sources we checked for this page. Rules change, so confirm anything important with the source or a Florida attorney.
- Florida Constitution, Art. X, sec. 4, homestead (Florida Senate)
- Fla. Stat. 61.075, equitable distribution of marital assets and liabilities (Florida Senate)
- Fla. Stat. 689.15, estates by entirety become tenancies in common on divorce (Florida Senate)
- Fla. Stat. 48.23, lis pendens (Florida Senate)
- Fla. Stat. chapter 64, partition of property (Florida Senate)
- Fla. Stat. 193.155, homestead assessments and portability (Florida Senate)
- Can a debt collector contact me about a debt after a divorce? (CFPB)
- Issue Spotlight: mortgage problems after divorce or death, December 2024 (CFPB)
- Publication 523, Selling Your Home (IRS)
- Publication 504, Divorced or Separated Individuals (IRS)
- Administrative Order S-2026-059, family law proceedings (Thirteenth Judicial Circuit)
- Administrative Order 2026-002, case assignment in Pinellas County (Sixth Judicial Circuit)