Equitable Distribution and the Marital Home

One of the most emotionally charged aspects of divorce is deciding who gets to keep the marital home. For many couples, the home represents financial security, stability for children, and sentimental value. In Florida, the decision over the marital home is made as part of the equitable distribution process, where courts strive for fairness rather than an automatic 50/50 split.

Factors Courts Consider in Dividing the Marital Home

Best Interest of Children – If there are minor children involved, courts often prioritize allowing the custodial parent to remain in the home to maintain stability.
Financial Ability to Maintain the Home – The spouse seeking to keep the home must demonstrate the ability to afford mortgage payments, property taxes, and maintenance costs.
Equity and Buyout Options – If one spouse wishes to keep the home, they may need to buy out the other’s share or offset it with other marital assets.
Selling the Home – If neither spouse can afford to keep the home or if it is in their best financial interest, the court may order the home to be sold, with proceeds divided equitably.

Case Law Example: Kaaa v. Kaaa (2010)

In Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), the Florida Supreme Court ruled that if marital funds contributed to mortgage payments on a non-marital home, the increase in home equity due to those payments could be considered a marital asset. This case highlights how property ownership can become more complicated depending on financial contributions during the marriage.

Alternative Solutions in Property Division

Exclusive Possession – In some cases, one spouse may be granted exclusive possession of the home for a set period, particularly if minor children are involved.
Deferred Sale – The court may allow one spouse to remain in the home temporarily, with an agreement to sell at a later date.
Partitioning the Home – If the couple cannot agree, one spouse may petition the court for partition, forcing the sale of the home.

Practical Considerations for Florida Homeowners

For individuals in Melbourne, Viera, and Titusville, Florida, deciding what to do with the marital home requires careful financial and legal planning. Here are key steps to consider:

Assess Affordability – Determine whether keeping the home is financially feasible post-divorce.
Consider Market Conditions – If selling is an option, evaluate the current real estate market.
Seek Legal Guidance – An experienced family law attorney can help navigate the complexities of property division and ensure your rights are protected.

Related Resources

Learn more about equitable distribution on our Equitable Distribution page.
Review Florida’s equitable distribution laws at Florida Statute §61.075.

If you are facing divorce and need guidance on how your marital home may be divided, contact Rhoden Law Group for experienced legal assistance.