Last updated October 29, 2026

For Family Law Attorneys: Selling the Marital Home in South Florida

Short answer: PBP Real Estate lists and sells marital homes across Miami-Dade, Broward, Palm Beach, Martin and St. Lucie, working with both owners as a transaction broker, the relationship Florida law presumes (section 475.278(1)(b)). We supply a written opinion of value prepared by hand, a dated offers log and the closing figures. We do not give legal advice, and we never pay attorneys for referrals.

Key takeaways

  • Transaction broker by default: limited representation of both owners, no fiduciary duty to either one against the other (s. 475.278(1)(b), (2)).
  • We take a divorce listing when both owners agree to sell or a judge has ordered the sale.
  • No referral fees paid or accepted between PBP and any attorney or law firm (s. 475.25(1)(h)).
  • We do not solicit parties to a pending divorce.
  • Gia and Grant Freer have closed 767 transactions and $203,762,527 since 2000, 671 of them since 2013 (Beaches MLS, agent production report, as of October 19, 2026).

Informational purposes only. Nothing on this page is legal or tax advice. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. We do not draft settlement terms, deeds, motions or proposed orders, and we do not advise either spouse on the divorce.

What does a transaction broker owe both spouses in Florida?

The duties in section 475.278(2), owed to each owner, and no loyalty to one against the other. Florida presumes every licensee is a transaction broker unless a single agent relationship, or no brokerage relationship, is established in writing (section 475.278(1)(b)). Dual agency is not permitted (section 475.278(1)(a)). A transaction broker's duties include:

That is the whole promise. How information moves between the owners, and whether counsel is copied, follows the owners' written instructions or the court's order.

What do you supply for a settlement or a court-ordered sale?

The real-estate record, in a form counsel can attach or cite. The settlement terms and any order are yours; these are ours:

DocumentWhat it shows
Written opinion of value prepared by handRecent closed sales, houses with houses and condos with condos, by Gia Freer; delivered to both owners and both counsel at the same time on request
Estimated net sheetPayoffs, costs of sale and commission, so both sides can see the likely proceeds
Listing agreement and marketing recordTerms, days on market, Beaches MLS exposure, showings and price changes
Offers logEvery offer with its date, price, terms and financing, including those declined
Closing statementThe final figures, for the distribution the agreement or judgment sets

A court or a party that needs a state-licensed report on value hires that professional separately; our written opinion of value is a broker's price opinion, not that report. See how the house value is decided in a divorce.

How do you handle a home sale when the spouses do not agree?

We wait for an agreement or an order, then follow it. When a judge has ordered the sale, the order sets the terms and the judge makes the final decisions. The points that most often decide whether a divorce sale runs smoothly are worth settling in writing before the listing: how the list price is set and reduced, who pays carrying costs until closing and whether they are credited (section 61.077), who lives in the home during the sale, how offers are answered when the owners disagree, and where the money goes at closing. Partition after a final judgment follows chapter 64; see when one spouse refuses to sell.

How do you work with parties who have their own attorneys?

Through the channels counsel sets. We do not solicit parties to a pending divorce. Before a listing, we do not reach out to a spouse on our own: we speak with a spouse when that spouse or that spouse's attorney contacts us, and our intake form tells a spouse that Gia will not contact the other spouse or co-owner unless they agree. Once both owners have signed the listing, we work with both of them on the sale and copy counsel as the owners or the order direct. Our marketing never mentions a divorce.

Can an attorney get a real estate commission in Florida?

Not from us for a referral. Section 475.25(1)(h), Florida Statutes, makes it a ground for discipline for a Florida broker to share a commission with, or pay a fee or other compensation to, a person not properly licensed as a broker, broker associate or sales associate for the referral of real estate business, clients, prospects or customers. The same paragraph allows a Florida broker to pay a referral fee to a broker licensed in another state.

No referral fees paid or accepted between PBP and any attorney or law firm. We never pay attorneys for referrals, and nothing of value changes hands for sending us a client, in either direction. Questions about an attorney's own ethics rules belong with The Florida Bar or your own counsel.

Which South Florida counties and courts do you cover?

Five counties in four judicial circuits.

CountyCircuit courtOur county page
Miami-DadeEleventh Judicial CircuitDivorce sales in Miami-Dade County
BrowardSeventeenth Judicial CircuitDivorce sales in Broward County
Palm BeachFifteenth Judicial CircuitDivorce sales in Palm Beach County
MartinNineteenth Judicial CircuitDivorce sales in Martin County
St. LucieNineteenth Judicial CircuitDivorce sales in St. Lucie County

Source: section 26.021, Florida Statutes (Online Sunshine), checked October 28, 2026. The Nineteenth Circuit also covers Indian River and Okeechobee counties.

What experience backs this up?

Gia and Grant Freer have closed 767 transactions and $203,762,527 since 2000, 671 of them since 2013 (Beaches MLS, agent production report, as of October 19, 2026). Gia Freer, Broker of Record (Florida license BK689801), handles every divorce file personally, in English or Spanish. Court-supervised sales are familiar ground for us; see how we work with other counsel on our pages for probate attorneys and bankruptcy trustees and attorneys.

Clients you send us can read plain-language explainers first: selling a house during a divorce in Florida, who has to sign, capital gains on the marital home and selling a house worth less than the mortgage.

Related

Have Gia review the property

Send the property and where the case stands; an attorney's office can start with an address. Gia Freer, our Broker of Record, reviews it personally and replies within one business day. No automated estimate is produced, and what you share stays confidential.

Have Gia review the property or call (561) 395-8418. Prefer to read first? See how we price a home.

General information from a licensed Florida real estate brokerage; it is not legal or tax advice. We never pay attorneys for referrals.

Confidential

Tell Gia where the house stands

Share what you know about the house and where the divorce stands. Gia reviews it personally, replies within one business day, and keeps it confidential. She will not contact your spouse or co-owner unless you agree.

Real-estate side only, not legal or tax advice. Your family-law attorney decides the legal questions. We never pay attorneys for referrals.

Questions from family-law attorneys

Can an attorney get a real estate commission?

Not from us for a referral. Section 475.25(1)(h), Florida Statutes, makes it a ground for discipline for a Florida broker to share a commission with, or pay a fee to, anyone not licensed as a broker, broker associate or sales associate for referring real estate business. No referral fees are paid or accepted between PBP and any attorney or law firm.

Do you represent one spouse or both?

We work with both owners as a transaction broker, the relationship Florida law presumes unless a single agent relationship is set up in writing (section 475.278(1)(b)). A transaction broker represents neither owner against the other, and Florida does not permit dual agency.

Will you start before the court or both parties agree?

We take a divorce listing when both owners agree to sell or when a judge has ordered the sale. Before that, we can prepare one written opinion of value for both sides and both counsel.

Do you contact the other spouse?

Not on our own. We do not solicit parties to a pending divorce. Before a listing, we do not reach out to a spouse on our own; we speak with a spouse when that spouse or their attorney contacts us.

Which counties do you cover?

Miami-Dade, Broward, Palm Beach, Martin and St. Lucie. Our office works in English and Spanish.

Sources and legal references

This page summarizes Florida family law, real-estate law and federal tax rules for homeowners. The primary sources are below; for your own case, rely on your family-law attorney, and on a CPA for tax.

  1. Florida Constitution, Article X, Section 4: Homestead; exemptions — The Florida Senate
  2. Section 61.075, Florida Statutes: Equitable distribution of marital assets and liabilities — Florida Legislature (Online Sunshine)
  3. Section 61.077, Florida Statutes: Setoffs or credits upon sale of marital home — Florida Legislature (Online Sunshine)
  4. Section 689.15, Florida Statutes: Estates by survivorship — Florida Legislature (Online Sunshine)
  5. Section 475.278, Florida Statutes: Authorized brokerage relationships — Florida Legislature (Online Sunshine)
  6. Section 475.612, Florida Statutes: Certification of appraisers (opinion of value is not an appraisal) — Florida Legislature (Online Sunshine)
  7. 26 U.S.C. 121: Exclusion of gain from sale of principal residence — Legal Information Institute, Cornell Law School
  8. 26 U.S.C. 1041: Transfers of property between spouses or incident to divorce — Legal Information Institute, Cornell Law School
  9. IRS Publication 523, Selling Your Home — Internal Revenue Service
  10. Section 475.25, Florida Statutes: Discipline (referral fees to unlicensed persons, (1)(h)) — Florida Legislature (Online Sunshine)
  11. Section 26.021, Florida Statutes: Judicial circuits — Florida Legislature (Online Sunshine)
  12. Florida DBPR license record: PBP Real Estate, LLC, real estate corporation CQ1064615 — Florida Department of Business and Professional Regulation
  13. Florida DBPR license record: Gia Freer, real estate broker BK689801 — Florida Department of Business and Professional Regulation
  14. Florida DBPR license record: Grant Freer, real estate broker BK3077984 — Florida Department of Business and Professional Regulation