Who Gets The House During Divorce?

by Stephanie from Fort Lauderdale, Florida, Broward County

My husband has two previous kids 12 and 14 and they live 50% with us. We have together a 4 year old and 11 month old.

My little ones are with me and house everyday and my step kids are part time. He claims he needs house because he has four kids.

But I use the house we have our route every morning. Please let me know. It's their security their house. Will this be deciding factor?

Answer to Florida Divorce Question

Dear Stephanie,

There is no set rule as to who gets the house after a divorce. Some of the things that might happen are:

• he gets the house;

• you get the house; or

• the judge orders you to sell the house.

The last option may seem reasonable on paper, but given these economic times, it may be completely impractical for you to try to sell the house.

If you and your husband cannot come to an agreement, the judge will ultimately decide who gets the house. It is in everyone's best interests if you and your husband can come to some kind of agreement.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Legal Match Logo

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

You Are Here → Home › Divorce FAQs ›Who Gets The House During Divorce?

Comments for
Who Gets The House During Divorce?

Click here to add your own comments

I own the mortgage, who moves out during separation and after divorce?
by: Concerned Floridian from Kissimmee, Florida

My wife and I have been married for 8 years with no children. We are going through serious marital problems and I want to be separated from her before divorce. I bought the house we presently reside in two years ago.

I am the only person on the mortgage loan and I can't afford to move out and pay for rental while I pay the mortgage at the same time. Although we have a joint account where we pay all the bills. I work full time and she works part time.

I do not want to stay with her while separated and she did not want to get out of the house. What do I do? Also, will I get the house after divorce? I know Florida does not have legal separation or agreement law... Concerned Floridian.

--There are no easy answers to any of your questions. I can only suggest that you and your wife try to come to an agreement. As far as who gets the house, the court will decide for you if you do not come to an agreement together. --Staff

Dating Before Filing for Divorce
by: Sheryl from Orlando

We have moved into separate homes but haven't filed for divorce yet,(deciding on DIY or hiring an attorney). There is no Legal Separation in the state of FL. Can I now date other people and not have it used against me? We have been in separate homes for 3 months.

--As a no fault state, Florida does not give any preference or weight for granting the divorce when presented with issues such as dating after a separation. Although there may be some hurt feelings, you are adults and as long as you are acting responsibly you have nothing to fear.

When there are issues of property settlements, equity distribution, parenting issues, and alimony, issues such as infidelity, irresponsibility, and so on can be part of what the court considers when making its decisions on these issues. I can't see how dating once you've already separating can cause a problem here. Unless there are some other circumstances that you are aware of in your particular situation, there is nothing I know of that can legally keep you from dating. You should ask a lawyer, just in case. --Staff

Click here to add your own comments

Join in and write your own page! It's easy to do. How?
Simply click here to return to Ask the Staff - Florida Divorce Questions and Answers