For many, a home means more than just a living space. It embodies treasured memories, emotional ties, and a sense of safety, particularly for families with children. The desire to retain the home frequently stems from wanting to provide a stable environment for children during challenging times. On the other hand, others view the home more practically, considering it mainly as a financial asset. For these individuals, decisions may hinge on market trends, potential fluctuations in property values, and the economic implications of selling versus keeping the property. Consequently, this scenario frequently raises a common question during divorces: “What will become of the family home?”
How Is Property Divided in Florida?
In a Florida divorce, the family home is recognized as a marital asset, which means it is subject to a legal process known as “equitable distribution.” This process aims to divide the marital assets fairly between both spouses, taking into account various factors such as the length of the marriage, the financial contributions of each spouse, and the needs of any children involved.
As a result, one spouse may be awarded the right to remain in the home, especially if doing so serves the best interests of any minor children. Alternatively, the house may be sold, with the net proceeds divided between the spouses according to what the court deems equitable. However, it is important to understand that a straightforward 50/50 split is not guaranteed. Instead, the division will depend on the specific circumstances of the case and the court’s evaluation of fairness in the context of the overall marital estate.
Other Key Factors To Consider
In Florida, family home ownership is not automatically granted to either spouse simply because their name appears on the deed. Rather, the court will evaluate various factors to determine the appropriate allocation of the property. These factors include:
Financial Contributions
The court examines which spouse contributed more significantly to the down payment, mortgage payments, upkeep, and home improvements. This includes both direct financial input and indirect contributions, such as homemaking responsibilities or caretaking of children, which may have enabled the other spouse to work and earn income.
Custodial Arrangements
If children are involved, the court often prioritizes the living situation of the spouse with primary custody. The well-being and stability of the children are critical, and maintaining continuity in their living environment can be a deciding factor in awarding the family home to one parent.
Affordability of Mortgage Payments
It is important to consider how both spouses can manage ongoing mortgage payments and related expenses. The court will closely examine each spouse’s income, job stability, and other financial responsibilities to determine who is best positioned to keep the home financially viable after the divorce.
Who Uses the Family Home During the Divorce Process?
Temporary Orders:
During the divorce process, courts may issue temporary orders granting one spouse exclusive use of the marital home. This arrangement ensures a stable living environment while the divorce is finalized, minimizes disruption for any children involved, and helps with the overall transition.However, it is important to remember that temporary use does not grant ownership rights.
Domestic Violence Injunctions
In cases of domestic violence, a spouse may request a domestic violence injunction from the court. If approved, this injunction can grant them sole use and possession of the marital residence, ensuring their safety and well-being. Courts treat these petitions with the utmost seriousness and typically require proof of actual violence or credible threats.
Contact an Experienced Divorce Attorney To Learn More
If you are considering divorce and want to learn more about the process or the options you have, contact St. Johns Law Group today. Our skilled Florida divorce attorneys can review your questions and concerns and provide you with the answers you need.
