Last updated October 27, 2026

Who Stays in the House During a Divorce in Florida?

Short answer: The spouses can agree who stays, and if they do not, the family court can award one spouse exclusive use and possession of the marital home. Paying the mortgage alone does not earn a credit at closing unless the settlement agreement or a judgment specifically provides for it (section 61.077).

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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

Section 61.075(1)(h) lists keeping the marital home as a residence for a dependent child or another party as one factor the court weighs.
No credits or setoffs at the sale unless the settlement agreement or a judgment specifically provides them (s. 61.077).
Without an agreement, the court weighs listed factors, such as who has possession and the value of that use, before deciding credits.
Whether a house sells faster occupied or vacant is a market question; our county pages track it from Beaches MLS data.

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 exclusive use and possession mean?

An order that one spouse lives in the marital home and the other does not. Section 61.075(1)(h) lists, among the factors in dividing marital property, the desirability of keeping the marital home as a residence for a dependent child of the marriage or another party, when it is equitable, in the child's or that party's best interest, and financially feasible. Whether the court will make that order in your case, and for how long, is a question for your family-law attorney.

Does paying the mortgage alone earn a credit when the house sells?

Not automatically. Section 61.077 says a party is not entitled to any credits or setoffs at the sale of the marital home unless the settlement agreement or a final judgment specifically provides for them. Without an agreement, the court must consider listed factors before deciding, including:

whether exclusive use and possession is awarded, and why;
whether alimony or child support is meant to cover the mortgage, taxes and other house costs;
the value of living in the home to the spouse who stays, and the loss of it to the spouse who left;
who claims the mortgage interest and property tax deductions, and any capital gains on the sale.

If you are paying alone now, ask your attorney whether the agreement should say so in writing. At closing, the title company divides the money as the agreement or judgment directs.

Does the house sell faster if one of us still lives there?

In our Palm Beach and Broward data as of October 2026, lived-in houses went under contract sooner than vacant ones. The current figures, from sales where occupancy was disclosed in Beaches MLS, are on our Palm Beach County and Broward County divorce pages, updated from our daily feed. A vacant house also needs insurance that covers vacancy, utilities left on, and regular checks.

How do showings work while we both still live in the house?

With a written schedule and one contact for access. We agree with both owners on showing windows, how much notice each of you gets, and who lets buyers in. Personal papers and anything about the case go out of sight. Buyers and their agents hear about the house, never about the divorce.

One number you can both look at

Tell us who lives in the house now 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.

Living in the house during the divorce: questions

Who gets to stay in the house during a divorce in Florida?

The spouses can agree, and if they do not, the family court can award one spouse exclusive use and possession of the marital home. Your family-law attorney advises on your case.

If I pay the mortgage alone, do I get it back when the house sells?

Only if your settlement agreement or a judgment specifically provides for it. Section 61.077 says a party is not entitled to credits or setoffs at the sale of the marital home unless the agreement or judgment allows them.

Can one spouse lock the other out of the house?

That is a legal question for your family-law attorney, and in an emergency for law enforcement. We do not advise on who may enter the home.

How do showings work if we both still live there?

With a written schedule both of you agree to, one contact for access, and personal papers put away. We never discuss the divorce with buyers or their agents.

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.