Selling Your Home During or After a Divorce in Florida

Selling a house is complicated enough without adding a divorce to the mix. If you are going through a divorce and need to sell your home, you may assume that whoever is on the deed can simply sign the listing paperwork and move on. That is not always how it works in Florida. Depending on the circumstances, a current or former spouse may need to sign documents, a divorce agreement may affect the sale, or something that happened years ago could come up when the title company starts reviewing everything. The earlier everyone knows about the situation, the easier it is to deal with.

“We're Separated” Is Not the Same as “We're Divorced”

This is one of the biggest things to understand. If you and your spouse have been living separately for years, that does not necessarily mean the marriage has legally ended. That matters when selling a home, particularly if the property is a homestead. So if you tell your Realtor that your spouse moved out years ago, don't assume that means your spouse has nothing to do with the transaction. The title company will need to look at the actual situation and determine what is required. This is much easier to figure out before you have a buyer under contract than it is a few days before closing.

What If Only Your Name Is on the Deed?

This is where things can get confusing. Having only one person's name on the property records does not necessarily answer every question about a married couple's rights involving a Florida homestead. That does not automatically mean your spouse owns half the house or gets half the sale proceeds. It does mean that there may be additional requirements before the property can be sold. The exact answer depends on the circumstances, which is why the title company or an attorney should review the situation rather than anyone trying to interpret Florida law themselves.

What About a Deed Signed During the Divorce?

Another potential problem can happen when a couple agrees that one spouse is going to keep the house. For example, you might agree during the divorce that the house will belong to you, and your spouse signs a deed giving you the property. That sounds pretty straightforward. But the timing and circumstances surrounding that deed can matter. A deed signed while the divorce is still pending may not accomplish everything the parties thought it would, particularly when Florida homestead rights are involved. This is one of those situations where getting the paperwork reviewed early can save a lot of headaches later.

Your Divorce Agreement Can Matter Years Later

Even if your divorce was completed years ago, don't assume the old paperwork is irrelevant. A marital settlement agreement or court order may contain provisions about the house that still matter when you eventually sell it. For example, the agreement could have required:

• The property to be sold at a later date
• The proceeds to be divided between the former spouses
• One spouse to refinance the mortgage
• One spouse to buy out the other
• The home to remain in place until a child reached a certain age

You may have completely forgotten about those provisions by the time you decide to sell. The title company has not. If the agreement affects the property or the proceeds from the sale, it may need to be reviewed before the transaction can be completed.

Don't Wait Until Closing to Mention the Divorce

This is probably the biggest takeaway. If you are selling a home and there has been a divorce or you are currently going through one, tell your Realtor and the title company at the beginning of the process. Don't wait until you have accepted an offer. Don't wait until the week before closing. And don't assume that because your name is the only one on the deed that everything is automatically taken care of. Some situations are simple. Others aren't. The title company or an attorney can determine what documents are needed, who needs to sign, and whether anything from the divorce affects the sale. Your Realtor's job is to recognize that there may be an issue and make sure the right people are involved. They should not be trying to interpret a divorce decree or determine the legal effect of an old deed.

Selling a Home in Pinellas County During a Divorce

If you're going through a divorce and need to sell a home in Pinellas County, the last thing you want is for an unexpected title or paperwork issue to hold up the sale after you've already found a buyer. Whether the property is in St. Petersburg, Clearwater, Largo, Palm Harbor, Dunedin, Seminole, Safety Harbor, or one of the beach communities, the best approach is to bring the issue up early. If you're thinking about selling, I can help coordinate the real estate side of the transaction and make sure the appropriate title and legal professionals are involved when necessary. Important: This article is provided for general informational purposes only and is not legal advice. Every divorce and real estate situation is different. If you are going through a divorce and planning to sell a property, consult a qualified Florida real estate attorney or title professional regarding your specific situation.

Adi Rakanovic | REALTOR® & Property Manager
(727) 858-7882 | [email protected]