Spouse Refusing To Sell The Marital Home? Your Rights In A Fort Lauderdale Divorce

Few issues in a Fort Lauderdale divorce cause more tension than deciding what to do with the marital home. When one spouse refuses to sell or even to move out, it can leave you feeling trapped and unsure what to do next.

Fortunately, Florida’s equitable-distribution laws provide several ways to resolve property disputes, even when your spouse refuses to cooperate. Our experienced Fort Lauderdale divorce lawyer explains your rights and how to protect your share.

Disputes Over the Marital Home Are Common in Fort Lauderdale Divorce Proceedings

Getting a divorce in Fort Lauderdale and dividing marital property can be emotionally draining. When it comes to the marital home, your spouse may dig in their heels and refuse to sell.

Among the most common reasons include:

• They don’t want to lose the family home or uproot the children.
• Keeping the house can give them leverage in settlement negotiations.
• They believe waiting could increase the property’s value.
• Refusal to cooperate becomes a way to prolong or complicate the divorce.
• They can’t qualify for a new mortgage or afford another home.

Under the Florida Statutes (Section 61.075), marital homes are typically considered joint assets and are subject to equitable division in a Fort Lauderdale divorce. When one party refuses to sell, the Broward County Family Court can intervene to move the case forward.

Legal Options in a Fort Lauderdale Divorce If Your Spouse Refuses To Sell

For most people, their home is one of their most significant investments. If your spouse refuses to sell or vacate the property, it can jeopardize your financial security and delay getting a final divorce order. Your options for dealing with this situation include:

• Negotiate a buyout: You or your spouse can purchase the other’s share of equity based on current market value.
• Request a partition order: The court can order the sale of the home and division of the proceeds if negotiations fail.
• Seek temporary use and possession: Especially if children are involved, the court may grant one parent exclusive use of the home during the divorce.
• File a motion for enforcement: If a sale was already agreed to but not completed, we can ask the judge to compel compliance.
• Request equitable offsets: If your spouse remains in the home alone, you may be entitled to a greater share of other assets to balance the value.

While emotions often fuel these disputes, judges in Broward County focus on practical solutions that protect the rights of both spouses.

Spouse Refusing To Sell or Vacate the Family Home? Contact Our Experienced Fort Lauderdale Divorce Lawyer

If your spouse refuses to sell the marital home, there are legal options to ensure it gets divided fairly. At Vanessa L. Prieto Law Offices, we help clients protect their homes, equity, and peace of mind during Broward County divorce proceedings.

Whether through negotiation, mediation, or court intervention, we fight to get you what you are entitled to in a settlement. Contact us today to schedule a consultation with our experienced Fort Lauderdale divorce lawyer.

Sources:

flsenate.gov/Laws/Statutes/2018/61.075

browardclerk.org/Divisions/Family