I live in Florida. I just purchased a home and want a divorce!

Asked almost 2 years ago - Lake City, FL

My husband has not held a full time job since we have been married. He is not on the home loan and could not keep up on any payments if the home were left to him. We have only been in the house 5 months. Will I have to sell the house even though there is no equity in the house to split with him?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry you are going through this. More information is needed to properly answer your question. Be aware however that Florida divorce laws use "equitable distribution" to divide property between spouses. Equitable distribution is different from community property law in that the financial situation of each spouse determines what percent of the couple's property each one receives. This means that it's rare that the marital property is divided on a 50/50 basis. Generally speaking, property acquired (your home) during the marriage is considered in the equitable distribution. Property includes assets and debts. Therefore, distribution is not only of property of value, but also of any financial obligations the parties incurred during marriage. I urge you to contact a local divorce lawyer to discuss your options. I wish you the best.


    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Karen Tallent Munzer


    Contributor Level 14


    Lawyers agree

    Answered . More information is needed The home was purchased during the term of the marriage with presumably marital funds, which would make it a marital property subject to equittable distribution. Florida has a strong homestead laws that require spousal joinder on home loans. It would be surprising if your spouse was not a signatory on the mortgage. Even if your husband is not on the deed, he might argue a construtive trust was created. Contact a local attorney and show them the documents you have relating to the home.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client... more
  3. Matthew West Kindel

    Contributor Level 12

    Answered . If you can keep up the payments to the Home, the Court will probably award you the home if you agree to take the debt. If he is not on the promissory note, then he has no exposure to the bank if the payments are missed, where you do. Therefore, if the home were sold upside-down, meaning you owe more than it's worth, he would not suffer a hit to his credit score, but you would. You may need to hire an appraiser to verify this information. Plus, in order to sell a home that is underwater, you are probably going to have to do a short sale, which require lender approval. Most banks will not approve a short sale until you are at least 3 months behind in your payments, which means you are going to take a credit hit before the short sale is completed. So if you agree to take the home with the debt then, you will probably be awarded the home in the divorce. Of course, there is no guarantee when the case goes to the Judge, and there may be other facts not listed in your question that change the outcome.

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Community Property in Divorce

Community property refers to property that is acquired after marriage and considered owned by both spouses. Nine states use this system.

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