Dividing Vacation Homes & Investment Properties

Dividing vacation homes and investment properties in a Florida divorce requires careful consideration of valuation, ownership history, and potential income. Under Florida’s equitable distribution statute, §61.075, any real property acquired during the marriage—regardless of title—is presumed to be marital.

In *Valone v. Valone*, 3 So. 3d 311 (Fla. 2d DCA 2009), the court confirmed that income-producing properties are marital if maintained or acquired using marital funds. Even non-income properties can be marital if improvements or mortgage payments were made using joint resources.

Courts look at fair market value, rental income, tax liabilities, and encumbrances. Expert appraisals and a forensic review of financial documents often support the valuation process.

Ownership questions may arise when one spouse purchased the property before marriage. In *Kaaa v. Kaaa*, 58 So. 3d 867 (Fla. 2010), the court held that mortgage principal reductions made with marital funds could create a marital interest in a previously non-marital asset.

Tip: Keep clean documentation of when and how property was acquired, how it’s used, and whether any refinancing added the other spouse to the title.

If you’re dealing with vacation homes or investment properties in your divorce, contact Rhoden Law Group at 321-549-3162 call/text or use the contact form on this site. We serve clients in Melbourne, Titusville, Viera, Palm Bay, the beaches, and throughout Brevard County.For more information about Equitable Distribution visit our YouTube channel to get the video content you need.  Otherwise, you can always call the office to speak to one of our experienced attorneys.