What Happens to the Marital Home During a Divorce in Fort Lauderdale?
The marital home is often one of the most significant and emotionally charged assets in a Florida divorce. In Fort Lauderdale, the division of the marital home depends on various factors, such as the equity in the home, child time-sharing arrangements, and the financial standing of each spouse.
Our Lauderdale divorce lawyer protects your rights regarding the marital home and takes the legal actions needed during Broward County divorce proceedings to ensure you get what you are entitled to. Below, we explore the key legal considerations and options available to divorcing couples in Florida regarding the marital home.
How Florida’s Equitable Distribution Laws Impact Your Rights To The Family Home In A Fort Lauderdale Divorce
When a couple divorces in Broward County, the Florida Statutes require an equitable distribution of all marital property. This includes the marital home.
Equitable distribution means the court aims for a fair arrangement for both parties, though not necessarily an equal division. Factors that impact your rights to the marital home in a Fort Lauderdale divorce include:
- Equity and debt: The value of the home and outstanding mortgage obligations factor into the distribution.
- Care of children from the marriage: One spouse may be awarded the marital home to ensure the children’s stability, even if the other spouse has a greater financial interest.
- Other property received in a settlement: The court will consider other assets awarded to either spouse before determining who gets the marital home.
- Homestead exemption: Florida’s homestead laws could impact the division of the property, particularly regarding exemptions from certain creditors.
Options for Handling the Marital Home During Fort Lauderdale Divorce
There are several options available for addressing the marital home during Broward County Family Court divorce proceedings in Fort Lauderdale, depending on the circumstances of each case:
- One spouse keeps the home: If one spouse is awarded the house, the other spouse may get a more significant portion of other marital assets to balance the division.
- Selling the home: Both spouses may agree to sell the house and split the proceeds.
- Buying out the other spouse: One spouse may refinance the mortgage in a buyout, making a lump sum payment to the other spouse.
- Deferring the sale: The court may postpone the sale of the home, allowing one of the parties to remain in it for a set period, such as while children are young.
Florida family law courts consider all these factors to ensure that the decision about the marital home is fair and reasonable for both spouses and any children involved.
Contact Our Experienced Fort Lauderdale Divorce Lawyer
Determining what happens to the marital home is one of the most emotionally charged and potentially confusing issues when getting a divorce in Fort Lauderdale.
The law office of Vanessa L. Prieto provides trusted guidance and fierce legal representation, fighting for the maximum you are entitled to in your divorce settlement. To protect your rights, contact our office. Schedule a consultation today with our experienced Fort Lauderdale divorce lawyer.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
browardclerk.org/Divisions/Family
