Who Gets the House in a Florida Divorce?

“Who gets the house?” can be a challenging question for a couple going through a divorce.

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Divorce is undoubtedly one of the most challenging experiences anyone can face. Amidst the emotional turbulence, practical matters need to be addressed, one of the most significant being the division of property. In Florida, as in many other states, the question of who gets the house can often be contentious and complex. As a board-certified lawyer specializing in family law, Grant Gisondo understands the intricacies of such cases and offers valuable insights into this crucial issue.


Florida follows the principle of equitable distribution when dividing marital assets, including the marital home. Equitable distribution doesn’t necessarily mean a 50/50 split; rather, it aims to achieve a fair and just division based on various factors. These factors can include the duration of the marriage, each spouse’s financial contribution, the economic circumstances of each party, and any contributions made to the marriage, such as childcare or homemaking.


One common scenario is when one spouse owned the house before the marriage. In such cases, the house may be considered separate property, not subject to division. However, if the other spouse significantly contributed to the home’s value during the marriage—perhaps through mortgage payments or renovations—the court may decide that the non-owning spouse is entitled to a portion of the home’s value.


Child custody is another factor that can influence the division of the marital home. Suppose one parent is granted primary custody of the children. In that case, the court may award them exclusive use of the marital home for a certain period, often until the youngest child reaches adulthood. This decision aims to provide stability and continuity for the children during a time of upheaval.


In cases where neither spouse wants to or can afford to keep the house, the court may order the sale of the property, with the proceeds divided between the spouses according to equitable distribution principles. This option allows both parties to move forward with a clean slate, albeit with some financial adjustments.


It’s essential for individuals going through a divorce to seek legal guidance from a knowledgeable attorney like Grant Gisondo who has over l5 years of successful practice in marital and family law. A skilled attorney can provide invaluable assistance in navigating the complexities of property division and ensure their client’s rights and interests are protected throughout the process.


Moreover, exploring alternative dispute resolution methods, such as mediation or collaborative divorce, can often lead to more amicable and mutually beneficial outcomes. These approaches empower couples to work together to find creative solutions that meet their unique needs and priorities rather than leaving such important decisions solely in the hands of a judge.


In conclusion, while the question of who gets the house in a Florida divorce can be fraught with challenges, it’s essential to approach it with clarity, patience, and sound legal counsel. Grant Gisondo, with his expertise and dedication to his clients, stands ready to guide individuals through this complex process, advocating for their best interests every step of the way. With the right support and approach, divorcing couples can emerge from this difficult chapter with a fair and equitable resolution, paving the way for a brighter future ahead.


To answer your questions and make an appointment for a free, initial, in-office consultation, please call the office at (561) 530 -4568. To learn about Attorney Gisondo’s law practice and to read client reviews, visit his website: https://gisondolaw.com. He represents clients in the Florida counties of Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, Hillsborough, and in New York and Washington DC.

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