Last updated October 27, 2026

Can One Real Estate Agent Work With Both Spouses in a Florida Divorce?

Short answer: Yes. In Florida one brokerage can work with both spouses as a transaction broker, a role that represents neither of you against the other. Florida law sets the duties owed to each of you: honest and fair dealing, skill, care and diligence, accounting for all funds, presenting every offer and counteroffer promptly, and limited confidentiality.

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.

Your nameEmail

Phone (optional)Property address, city

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Whose names are on the titleWhere the divorce stands

Who lives in the house nowCourt order or written agreement about the house

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Is it safe to contact you at this phone number and address?What should Gia know about the house?

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

Key takeaways

Florida presumes a licensee is a transaction broker unless another relationship is set in writing (s. 475.278(1)(b)).
Dual agency, acting as a fiduciary for both sides, is not allowed in Florida (s. 475.278(1)(a)).
Each owner has limited confidentiality, including motivation and price flexibility, unless that owner waives it in writing (s. 475.278(2)(f)).
PBP works as a transaction broker on every file, and the same service and terms apply to every seller.

Real-estate side only. This is general information, not legal or tax advice, and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. Your family-law attorney decides the legal questions in your case, a CPA decides the tax questions, and a lender decides any refinance.

What does a transaction broker owe each spouse?

The same duties, to each of you. Section 475.278(2) lists them:

Dealing honestly and fairly.
Accounting for all funds.
Using skill, care and diligence in the transaction.
Disclosing all known facts that materially affect the value of residential property and are not readily observable to the buyer.
Presenting all offers and counteroffers in a timely manner, unless a party has directed otherwise in writing.
Limited confidentiality, unless waived in writing by a party.
Any additional duties agreed with a party.

Can a real estate agent represent both spouses as a fiduciary?

No. Florida allows a licensee to work as a transaction broker or as a single agent, and it does not allow dual agency, which section 475.278(1)(a) defines as a broker who represents both sides as a fiduciary. That is why we work with divorcing owners as a transaction broker: limited representation of both owners, and loyalty to neither one against the other.

What if one spouse asks the agent to keep something confidential?

The agent has to respect it. Limited confidentiality covers, among other things, a seller's willingness to take less than the asking price, the motivation of any party, and any other information a party asks to keep confidential, unless that party waives it in writing. That works in both directions: neither of you can ask the agent to pass on what the other has asked to keep private.

How has Gia Freer handled divorce sales?

By setting the ground rules first and not taking sides. In the divorce sales Gia has handled in Palm Beach and Broward counties, the rules were agreed in writing before the listing started, and updates went to both owners together in group texts and joint calls. She treats the sale as a business decision. That describes how Gia has worked; the duties above are what Florida law sets.

What will the agent not do in a divorce sale?

Anything that belongs to the case. We do not advise on settlement terms, carry messages about the case, or say what either of you should accept in the divorce. We do not contact one owner's attorney or family without that owner's agreement. Offers go to the sellers, and the answer to each offer needs the signatures the title, the agreement or a court order requires.

One number you can both look at

Tell us about the house; we work with both owners on the same terms. 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 my options 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. Your family-law attorney decides the legal questions. We never pay attorneys for referrals.

Neutral agents in a divorce sale: questions

Can one real estate agent work for both spouses in a divorce?

Yes, as a transaction broker. Florida presumes every licensee is a transaction broker unless another relationship is set in writing, and that role does not represent either seller against the other.

Can an agent be a dual agent for both spouses in Florida?

No. Florida law does not allow a licensee to act as a dual agent, meaning a fiduciary for both sides, under section 475.278(1)(a).

If my spouse tells the agent something in confidence, will I find out?

Florida gives each party limited confidentiality, including their motivation and the lowest price they would take, unless that party waives it in writing. The agent cannot share what either of you asks to keep confidential.

Will the agent help us agree on the settlement?

No. Settlement terms and legal advice belong to your attorneys or a mediator. We handle the sale of the house.

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.

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

Published by Gia Freer, Broker of Record, PBP Real Estate, LLC · Florida broker license BK689801 · brokerage license CQ1064615. Last updated October 27, 2026.