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Last updated October 29, 2026

Selling a Condo During a Divorce in Florida

Short answer: A condo sells like a house in a divorce, with one more party in the file: the association. The association must issue an estoppel certificate within 10 business days of a request from the owner or the owner's designee, listing what is owed on the unit (section 718.116(8)). Because a buyer is jointly and severally liable for the seller's unpaid assessments (section 718.116(1)(a)), past-due dues are paid at closing. Your family-law attorney decides how those costs are split between you.

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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.

Key takeaways

  • Estoppel certificate: due within 10 business days of a request, with fees capped by statute (s. 718.116(8)).
  • A certificate delivered by hand or electronically is effective for 30 days; one sent by regular mail, 35 days (s. 718.116(8)(b)).
  • A new owner is jointly and severally liable with the previous owner for unpaid assessments due up to the transfer (s. 718.116(1)(a)).
  • No credits or setoffs at the sale of the marital home unless the settlement agreement or a judgment provides them (s. 61.077).
  • We price condos only against other condos, never against houses. We never pay attorneys for referrals.

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.

How do you sell a condo during a divorce in Florida?

In the same three steps as a house, plus the association's paperwork.

  1. One number first. Gia Freer prepares a written opinion of value by hand from recent condo closings, in the same building or complex where there are enough. Condos are never compared with houses.
  2. Written rules second. The owners agree in writing, or the court orders, who signs, who pays the monthly assessments and any special assessment until closing, how showings work, and how offers are answered.
  3. Order the association documents early. We ask for the estoppel certificate and the documents buyers will want at the start, so an unknown balance or an approval requirement does not surface the week of closing.

Who must sign is a question for your attorney or the title company. See do both spouses have to sign.

What is a condo estoppel certificate in Florida?

The association's written statement of what is owed on the unit. Section 718.116(8) requires the association to issue it within 10 business days after a written or electronic request from the unit owner, the mortgage holder, or a designee of either. The statute sets what it must contain, including:

Item on the certificateWhy it matters in a divorce sale
Regular assessment, the date paid through, and the next installmentShows whether payments stopped while the owners were separating
Itemized list of all assessments, special assessments and other money owedSets the payoff to the association at closing
Whether board approval of the transfer is required, and whether it has been givenAdds time before closing if required
Whether a right of first refusal exists, and whether it was usedTells the buyer whether the association can step in
Open violations noticed to the owner, and any account turned over to an attorneyFlags problems the title company will ask about

A certificate delivered by hand or electronically is effective for 30 days, and one sent by regular mail for 35 days (section 718.116(8)(b)). The association cannot collect more than the certificate states from a person who relies on it in good faith (section 718.116(8)(c)). The statute sets the preparation fee at up to $250 when nothing is delinquent, with up to $100 more for delivery within 3 business days and up to $150 more if a delinquent amount is owed (section 718.116(8)(f)), and it adjusts those amounts for inflation every 5 years (section 718.116(8)(i)). The adjusted limits currently published by the Florida Department of Business and Professional Regulation are $299, $119 and $179.

Who pays unpaid condo dues when a condo sells in a Florida divorce?

The sale usually does, at closing, and your agreement decides whose share it comes from. Section 718.116(1)(a) makes a unit owner jointly and severally liable with the previous owner for all unpaid assessments that came due up to the transfer of title. Buyers and their title companies therefore require the association to be paid in full from the sale.

Between the spouses, section 61.077 applies: there are no credits or setoffs at the sale of the marital home unless the settlement agreement or a final judgment specifically provides for them. If one spouse paid the assessments alone, whether that is credited is a question for your family-law attorney. Disputes with the association itself are a matter for an attorney too; we do not advise on them.

Does the condo association have to approve the buyer in Florida?

Only where the condominium documents require it. Some associations require board approval of a sale, and some hold a right of first refusal. The estoppel certificate must say whether either applies. When approval is required, we build the association's application time into the contract dates, so the buyer and both owners know the real closing timeline.

Is it better to sell a condo before or after the divorce in Florida?

Neither is better in general. It turns on the tax year of the sale, the mortgage you both signed, and what your settlement or the court says. The federal home-sale exclusion is up to $250,000 of gain per person, or $500,000 on a joint return for the year of the sale, when the tests are met (26 U.S.C. 121). Monthly assessments and any special assessment keep running while you wait, so they belong in the decision. Your CPA and attorney weigh the timing; see selling before or after the divorce and capital gains tax on the marital home.

How long do condos take to sell in South Florida right now?

Usually longer than houses, so check the current figure before you agree on a date. Our county divorce pages show the median days to contract for condos and townhouses separately from houses, from our Beaches MLS feed: Palm Beach, Broward, Miami-Dade, Martin and St. Lucie. Association fees by city are on our condo fees pages.

Gia Freer, Broker of Record (Florida license BK689801), handles every divorce file personally. 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).

Related

One number you can both look at

Tell us about the condo, the association and where the divorce stands. 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.

Selling a condo during a divorce: questions

How do you sell a condo during a divorce in Florida?

The same way as a house, with the association's paperwork added. Both owners usually sign, the association issues an estoppel certificate listing what is owed, and unpaid assessments are paid at closing. Your family-law attorney decides how dues paid by one spouse are credited.

What is a condo estoppel certificate in Florida?

A form from the association stating the assessments and other money owed on the unit as of its date. Under section 718.116(8), the association must issue it within 10 business days of a request from the owner, the mortgage holder, or their designee.

Who pays unpaid condo dues when the unit sells?

They are normally paid from the sale at closing, because a new owner is jointly and severally liable with the previous owner for unpaid assessments that came due up to the transfer (section 718.116(1)(a)). How that cost is split between spouses is set by your agreement or the court.

How much does a condo estoppel certificate cost in Florida?

Section 718.116(8)(f) sets base limits of $250 when nothing is delinquent, $100 more for delivery within 3 business days and $150 more if the account is delinquent, and section 718.116(8)(i) adjusts them for inflation every 5 years. The adjusted limits currently published by the Florida DBPR are $299, $119 and $179.

Does the association have to approve the buyer?

Only if the condominium documents require it. The estoppel certificate states whether board approval of the transfer is required and whether there is a right of first refusal.

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 718.116, Florida Statutes: Assessments; liability; lien and priority; estoppel certificates — Florida Legislature (Online Sunshine)
  11. Florida DBPR license record: PBP Real Estate, LLC, real estate corporation CQ1064615 — Florida Department of Business and Professional Regulation
  12. Florida DBPR license record: Gia Freer, real estate broker BK689801 — Florida Department of Business and Professional Regulation
  13. 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 29, 2026.