Divorced Overseas but Own Fort Lauderdale Real Estate? How Florida Courts Decide What Happens Next

You and your spouse ended your marriage in another country years ago. The foreign decree dissolved the marriage, but it never mentioned the condo you bought in Fort Lauderdale. Now one of you wants a share, and neither of you is sure which court can help.

South Florida sees this scenario more than most places. Our experienced Fort Lauderdale divorce lawyer explains how Florida courts approach property a foreign decree overlooked, including a 2026 appellate ruling and the residency rule that often decides these cases.

Why Broward County Real Estate Shows Up in International Divorces

Florida attracts more foreign homebuyers than any other state. The National Association of Realtors reported in 2026 that 20 percent of foreign buyers of U.S. homes bought in Florida between April 2025 and March 2026. When international owners divorce abroad, property here is easy to leave out of the paperwork.

What Florida’s Property Division Law Allows

Section 61.075(1) of the Florida Statutes covers proceedings to dispose of assets after a dissolution by a court that lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets. That language can give a Florida court a path to divide Florida property the earlier court couldn’t reach. Under Section 61.075(4), a Florida judgment distributing property can also work as a conveyance once it’s recorded in the county where the property sits.

First, though, the Florida court needs the power to act. Section 61.021 requires that one spouse have lived in Florida for six months before the petition is filed.

What the Third District Decided in 2026

In a February 18, 2026 opinion (Case No. 3D25-0296), a couple had divorced in Russia, and the decree did not distribute real estate in Miami-Dade County. One spouse asked a Florida family court for equitable distribution. The petition showed that neither spouse met Florida’s residency requirement, so the trial court dismissed it.

The Third District affirmed, concluding the family court lacked subject matter jurisdiction. It also noted that no partition claim had been filed. The takeaway is simple: before asking a Florida judge to divide property, confirm the court has the power to hear your case.

Steps to Take When a Foreign Decree Left Out Your Florida Property

• Gather the foreign decree, any settlement agreement, and certified translations.
• Pull the deed and confirm exactly how title is held.
• Document residency, such as a Florida driver license or voter registration, along with the dates each spouse lived here.
• Ask whether a partition action under Chapter 64 of the Florida Statutes may fit if family court isn’t available.
• Hold off on selling or refinancing until you understand your rights.

Own Property in Fort Lauderdale After a Foreign Divorce? Contact Our Experienced Fort Lauderdale Divorce Lawyer

A foreign decree doesn’t always end the story for Florida real estate. At Vanessa L. Prieto Law Offices, we help clients throughout Broward County sort out jurisdiction, title, and property rights, and our experienced Fort Lauderdale divorce lawyers are ready to review your situation. Contact us today to request a consultation.

Sources:

https://flcourts-media.flcourts.gov/content/download/2485167/opinion/Opinion_2025-0296.pdf https://www.flsenate.gov/Laws/Statutes/2026/0061.075 https://www.flsenate.gov/Laws/Statutes/2026/61.021