Who Gets the Mortgage in Divorce? Understanding Property Division in Florida

Divorce can be a complicated and emotional experience, and among the many aspects of the divorce settlement that need to be addressed is property division. For many couples, the most valuable asset that they own together is their home, and deciding who gets to keep the mortgage and property can be a contentious issue. In this blog post, we will discuss the details of property division laws in Florida, particularly in terms of the mortgage, and address some of the common questions that arise in these situations.

Community Property vs. Equitable Distribution

The first thing to understand about property division in Florida is that it is based on the principle of “equitable distribution,” rather than “community property.” In community property states, marital assets are divided down the middle between spouses, regardless of each spouse’s contribution to the marriage. In equitable distribution states like Florida, the courts aim to divide marital property in a way that is fair and just, taking into account factors such as each spouse’s financial situation and contributions to the marriage.

The Marital Home and the Mortgage

When it comes to the marital home, the courts will look at the equity that each spouse has in the property. This means that they will consider how much of the mortgage each spouse has paid, as well as any appreciation in the home’s value since the marriage began. If one spouse has put more money into the home than the other, they will likely be awarded a greater portion of the equity.

If one spouse wishes to keep the house and take on the mortgage payments, they will need to be able to demonstrate that they can afford the payments on their own. If neither spouse can afford the mortgage payments on their own, then the house may need to be sold, and the proceeds divided between the spouses.

Factors That May Affect the Outcome

In order to determine an equitable distribution of property and debts, the court may consider various factors, including:

The financial situation and needs of each spouse
The contributions that each spouse made to the marriage, both financially and non-financially
The duration of the marriage
Whether one spouse put their career on hold in order to support the other spouse’s career or raise children
Any waste or dissipation of assets that occurred during the marriage
Each spouse’s earning capacity and employability
Any tax consequences of the division of property

Seeking Professional Help

If you are going through a divorce and have questions about property division, particularly in regards to your mortgage and home, it is important to seek the advice of a professional with experience in family law. An attorney can help ensure that your rights and interests are protected and assist you in achieving a fair and equitable settlement.

Conclusion

Divorce is never an easy process, particularly when it comes to dividing property and assets. Understanding the laws and regulations surrounding property division in Florida, particularly in terms of the mortgage and home, can help you plan for the future and make informed decisions. If you're looking for a family law practice in Altamonte Springs, FL to help with property division or any other aspect of your divorce settlement, contact Frank Family Law today to arrange a consultation.