Law Offices of Adam G. Hill — Serving Orlando, Tampa, Fort Myers & Hendry County

When a marriage ends, one question appears in almost every Florida divorce consultation:

“What happens to the marital home?”

For most families, the house is the largest asset — and the most emotional one. Whether you want to keep the home, sell it, buy out your spouse, or stop an ex from forcing a sale, clear guidance is essential. The Law Offices of Adam G. Hill represents clients throughout Orlando, Tampa, Fort Myers, and Hendry County, helping them protect their home, finances, and future.

Why the Marital Home Matters in Florida Divorce

Online searches prove it: the marital home is the #1 concern for divorcing spouses. People commonly search for:

• “Who gets the house in a Florida divorce?”

• “Can I stay in the marital home with the kids?”

• “Do I have to sell my house in divorce?”

• “Spouse won’t cooperate — can I file partition?”

• “What if I owned the house before the marriage?”

• “Who pays the mortgage after separation?”

If you’re asking these same questions, you’re not alone — and Florida law provides clear pathways to protect your rights.

How Florida Courts Divide the Marital Home

Equitable Distribution – F.S. § 61.075

Florida uses equitable distribution, meaning assets are divided fairly — not always 50/50. Under F.S. § 61.075, the court looks at factors such as:

• Whether the home is marital or nonmarital

• Each spouse’s financial situation

• Contributions to the home (payments, maintenance, improvements)

• Whether keeping the home benefits a minor child

• Any intentional waste or dissipation of assets

If children live primarily with one parent, courts may award that parent exclusive use and possession of the home until the children become adults.

Homestead Protections — A Powerful Florida Advantage

Florida Constitution, Article X, § 4

Florida’s homestead law provides strong protection against forced sale and limits how a homestead can be transferred. This affects:

• Whether the home can be sold during or after divorce

• What happens if one spouse wants to move out

• Tax exemptions and portability

• Creditor protection

Homestead designation can be a powerful tool for protecting your residence — but it must be handled correctly during divorce.

What if Only One Spouse Is on the Deed?

This is one of the most common questions we receive.

If the home was purchased before the marriage, it may be nonmarital — but the marital portion of equity may still be divided if marital funds were used to pay the mortgage or improve the property.

If the home was titled jointly during the marriage, it is usually considered marital property, even if only one spouse made the payments.

These situations require careful legal and financial analysis.

Partition Actions — When a Spouse Refuses to Sell

Florida Partition Law – Chapter 64, Florida Statutes

When co-owners cannot agree on what to do with a property, either party may file a partition action under Chapter 64. Partition allows the court to:

• Force a sale of the home

• Divide proceeds between the owners

• Appoint a special magistrate if needed

Partition actions frequently arise after divorce when one spouse refuses to cooperate or delays a sale. They can also be used during a divorce if the court permits it.

If you are stuck with a hostile or uncooperative co-owner, partition may be the solution.

Mortgage, Taxes, and Who Pays What

Until a court order says otherwise, both spouses remain responsible under any loan they signed. During the divorce, the court may:

• Allocate temporary responsibility for mortgage payments

• Award exclusive possession to one spouse

• Order reimbursement credits later

• Require refinancing as part of a buyout

Never assume that leaving the home removes your financial liability — it does not. Protecting your credit is a critical part of divorce planning.

Local Insight Matters

Every Florida county handles certain procedures differently. Our firm represents clients across:

Orlando (Orange County & Surrounding Areas)

Experienced in homestead-heavy cases and high-asset marital home disputes.

Tampa (Hillsborough & Pasco Counties)

Frequent litigation involving temporary possession, mortgage disputes, and valuation disputes.

Fort Myers (Lee County)

Common issues include waterfront property valuation, premarital home claims, and post-divorce partition actions.

Hendry County

Unique rural and agricultural property issues; often involves inherited property, co-owner disputes, and partition actions.

Where your case is filed can impact strategy — and we tailor your approach accordingly.

How We Help Clients Protect Their Homes

When you hire the Law Offices of Adam G. Hill, you get:

• A clear valuation strategy for the home

• Strong negotiation for buyouts or sales

• Aggressive courtroom representation when disputes escalate

• Protection of your credit and financial future

• Strategic use of homestead protections

• Guidance on partition actions when a co-owner refuses to act

Your home is too important to risk. Let us help you secure the outcome you deserve.

Schedule a Consultation

If your divorce involves a marital home, you need an attorney who understands both the emotional and financial stakes — and who knows how to win these disputes.

Law Offices of Adam G. Hill
Serving Orlando • Tampa • Fort Myers • Hendry County

We are ready to guide you through your options and help you protect what matters most.

Call today at 833-918-1877 or request a free confidential consultation through our Contact Page.