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Selling during a divorce · Florida

A clean way to sell during a divorce in Florida.

Converting the marital home to cash is often the simplest way to split a hard-to-divide asset. No months of showings, no refinance, no carrying costs while the case drags on.

  • Sell as-is, no repairs and no agent commissions
  • Proceeds split cleanly per your settlement
  • A neutral third-party buyer for both spouses
Buying across Northeast Florida since 2018

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Florida divorcing couples can sell the marital home at any point in the process: before filing, while the case is pending, or after a judge orders it. The only catch is that both spouses have to agree, or a court has to direct the sale. Turning a jointly owned house into cash is often the cleanest way to divide an asset that’s otherwise hard to split. The proceeds get distributed per your settlement, and neither spouse has to qualify for a refinance or keep paying the mortgage and upkeep while the case drags on.

What Florida law actually says

Who gets what, and who has to sign

Florida is equitable distribution, not community property

Florida is not a community-property state. Under Fla. Stat. § 61.075 (verified 2026-06-12), a court divides marital assets and liabilities equitably, which means fairly. The starting presumption is an equal, 50/50 split, but a judge can order an unequal division when the statutory factors justify it. “Equitable” means fair, not automatically half-and-half.

Only marital property gets divided. Marital assets are generally those acquired during the marriage. Property you owned before the marriage, or received as an individual gift or inheritance and kept separate, is typically not divided. That said, appreciation over time, commingling funds, or paying down the mortgage with marital money can convert a non-marital asset, partially or fully, into a marital one. Where the line falls depends on your specific facts, which is why a Florida family-law attorney needs to review your situation before you rely on any of this as legal advice.

The three ways a Florida court handles the home

Under § 61.075, a judge has three main tools when it comes to the house:

  • Order the home sold. Net proceeds are split according to the equitable-distribution plan.
  • Award the home to one spouse with a buyout. The receiving spouse offsets the other’s equity share against other marital assets, such as retirement accounts or savings.
  • Deferred sale. One spouse keeps possession now, and the home is sold later, often tied to the best interests of a dependent or minor child (keeping children stable in the home until emancipation or a further court order, when financially feasible).

One thing that surprises a lot of people: title does not control. A home purchased during the marriage is generally a marital asset regardless of whose name is on the deed. Equitable distribution looks at when and how the asset was acquired, not whose name appears at the county recorder’s office.

Who has to sign, and the homestead rule that voids sales

Both spouses generally need to sign to sell jointly owned marital real property. For homestead property, the requirement is even stricter and constitutional: under Fla. Const. Art. X §4(c) (verified 2026-06-12), both spouses must join in the deed or mortgage, even if only one spouse’s name is on the title. A homestead conveyance executed without the non-owning spouse’s joinder is voidable, and Florida courts will set it aside.

So if you’re planning to sell before or during a divorce, both parties need to be on board and sign the closing documents, or a court order has to authorize the sale. Atlas can buy your house if you and your spouse both agree to sell. We cannot and will not buy over one spouse’s objection.

This is general educational information, not legal advice. Signature requirements, homestead status, and marital-property classification are fact-specific. Please confirm the details of your situation with a Florida family-law attorney.

Sources: Fla. Const. Art. X §4(c); Fla. Stat. § 61.075, verified 2026-06-12.

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Sell the house or do a buyout?

An honest comparison

Neither option is always right. Here’s a plain-English look at the trade-offs.

 Sell the house (cash or listed)Buyout (one spouse keeps the home)
LiquidityConverts the home to divisible cash nowEquity stays tied up in the property
Refinance required?NoUsually yes, to remove the other spouse
Carrying costs during the caseStop once the home closesMortgage, taxes, insurance, upkeep continue
SpeedCash offer: typically 2–3 weeks to closeLender timelines: 30–60+ days
Credit / income riskNeither spouse needs new financingKeeping spouse must qualify alone
If the buyout falls throughN/ASale may still be required, adding delay
Proceeds distributionClean: cash split per settlementOffsets against other marital assets

A cash sale isn’t always the right answer. If one spouse has strong credit, steady income, and genuinely wants to stay, a buyout can work well. But if qualifying for a refinance is uncertain, or you both just want a clean break, converting the house to cash removes a lot of moving parts. If you list on the open market, the Jacksonville-area median is currently $316,990 with a median of 59 days on market and roughly 3.9 months of supply (Redfin Data Center, period ending 2026-05-31). A listing can net more in some cases, and as a business run by a licensed Florida broker associate, we’ll tell you that directly. A cash offer from Atlas will typically be below full market value; what you gain is speed, certainty, and no repairs, commissions, or carrying costs during a process that’s already stressful enough.

How it works

Three simple steps to a clean sale

Once both spouses agree to sell, we keep the rest straightforward.

STEP 01

Tell us about the house

Fill out the short form with a few basic details about your Florida property. It takes about a minute, with no obligation.

STEP 02

Get your as-is cash offer

We review the property against recent comparable sales, then send a fair, no-obligation cash offer and explain the number. Both spouses see the same offer.

STEP 03

Both sign & split the proceeds

Pick a closing date that fits your settlement timeline. You both sign, we handle the rest, and the cash is there for your attorneys to distribute.

Why a cash sale helps

Fewer moving parts in an already complicated process

Divorce proceedings have enough moving parts. An unsold house adds several more: who pays the mortgage during the case, who handles the repairs a listing agent wants done, what happens if a financed buyer’s loan falls through at the last minute, and how long you both stay financially tied to each other through a shared property.

A cash sale to Atlas removes those variables:

  • No repairs or prep work. We buy as-is. You don’t need to agree on what to fix.
  • No agent commissions on our side. Typical listing commissions in Florida run roughly 5–6% of the sale price.
  • Fast close: in as little as two to three weeks in most cases, so both parties can move forward.
  • Clean proceeds: cash in hand that your attorneys can distribute per the settlement, without one party having to refinance or the other waiting on a bank’s timeline.
  • Fewer joint decisions: once you accept the offer and sign the closing documents together, you’re done.

We serve Northeast Florida and are based in St. Augustine. If your divorce involves a home anywhere in the Jacksonville area or broader Northeast Florida, we’re glad to take a look and tell you honestly what we can offer.

Scott, co-owner of Atlas Home Buyers
Since 2018Buying homes across Northeast Florida
A local team you can talk to

Real people, an honest read, and a fair number

Atlas Home Buyers, LLC is a family-owned investment company based in St. Augustine, Florida — not a national call center. When you reach out, you talk to a local buyer who actually picks up the phone.

ScottCo-Owner · Acquisitions, Atlas Home Buyers, LLC

Local, full-time NE Florida buyers We buy for our own account No-pressure, no-obligation

Atlas Home Buyers, LLC is a real estate investment company based in St. Augustine, FL, purchasing for its own account across Northeast Florida since 2018 — we are not a real estate brokerage. Owner Keifer McClain is a licensed Florida real estate broker associate (license #BK3335411, registered under MAXREV, LLC), so you get a straight comparison, including the times a traditional listing would likely net you more.

Atlas Home Buyers, LLC · 303 Cypress Rd, St. Augustine, FL 32086 · (904) 877-3127 · Updated June 2026

Questions, answered

Frequently asked questions

Can we sell the house during a divorce in Florida, before it’s final?
Yes. Florida law does not require you to wait until the divorce is finalized to sell the marital home. You can sell before filing, while the case is open, or after a judge orders it. Both spouses need to agree, or the court needs to direct the sale, for the transaction to go forward. If you both want to sell, closing on a cash offer can happen in as little as two to three weeks, which is often faster than waiting for the divorce to conclude.
Do both spouses have to sign to sell, even if only one name is on the title?
Generally, yes. And for homestead property, the answer is an emphatic yes under Florida’s constitution. Fla. Const. Art. X §4(c) (verified 2026-06-12) requires both spouses to join in any deed or mortgage on homestead property, even if the title is in only one name. A sale that skips the non-titled spouse’s signature on a homestead property is voidable, meaning a court can unwind it after the fact. Confirm your home’s homestead status with your attorney before signing anything.
Is Florida a community-property state? What’s the difference?
No. Florida is an equitable distribution state, not a community-property state. In a community-property state (like California or Texas), most assets acquired during the marriage are automatically owned 50/50 and divided equally. In Florida, the court divides marital property equitably (fairly), starting from a presumption of a 50/50 split, but a judge can order an unequal division when the statutory factors under § 61.075 support it. The practical difference: in Florida, the outcome can vary from your specific circumstances, and the court has real discretion.
Is the house automatically split 50/50?
Not automatically. Under § 61.075, the presumption is an equal split of marital assets, but the court can and does order unequal distributions. Factors that might shift the balance include each spouse’s economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and whether one spouse has primary custody of a dependent child who benefits from staying in the home. The 50/50 presumption is a starting point, not a fixed outcome. The result depends on the judge’s findings under the statute.
Should we sell the house or do a buyout? What makes sense for a Florida divorce?
It depends on your finances and goals. A buyout keeps the home in the family and avoids disruption, but it requires the keeping spouse to qualify for a refinance alone, which is not always possible, and it keeps equity locked in an illiquid asset. Selling converts the home to cash that can be split cleanly per your settlement agreement, removes carrying costs (mortgage, insurance, taxes, maintenance) that can cause conflict while the case is open, and avoids the risk that a buyout falls through at the last moment. For many couples who simply want a clean break, a cash sale is the more straightforward path. Talk through the numbers with your attorney and, if relevant, a financial advisor.
What if one spouse wants to keep living in the house?
Under § 61.075, a Florida court can grant one spouse exclusive use and possession of the marital home, often tied to the best interests of a dependent or minor child, keeping the children stable in the home until emancipation or a further court order, when financially feasible. That arrangement is typically temporary. Eventually, the court will still address the home’s equity, usually through a deferred sale or a buyout requirement. If exclusive use and possession is ordered, any sale would need to wait for that order to expire or be modified.
Can Atlas buy our house if we both agree to sell?
Yes. If you and your spouse have both agreed to sell the house, Atlas Home Buyers can make a fair cash offer on your Florida home as-is, with no repairs, no cleaning, no agent commissions, and no fees on our side. We work around your timeline, and we can typically close in as little as two to three weeks. If you need more time to finalize the settlement before closing, we can usually accommodate that too. There is no obligation, and you are free to take the offer or walk away. If listing on the market would serve you better, we will tell you that.
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Ready for a clean sale and a clean split?

If you and your spouse have agreed to sell, we’ll make a fair cash offer on your Florida home as-is, work around your settlement timeline, and let your attorneys handle the rest. It’s free, and there’s no pressure.

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