815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
For many couples living in neighborhoods like San Sebastian Heights or near Cranes Roost Park, the family home is more than just a building. It is the center of your daily life, the place where you have raised your children, and likely your most valuable financial asset. When you face the possibility of ending a marriage, the uncertainty of what happens to that home can be keeping you up at night.
Florida laws regarding property division are complex, and there is rarely a simple, one-size-fits-all answer. Whether you're worried about keeping the house for the kids or just want to ensure you get your fair share of the equity, understanding the rules is the first step toward protecting your future. If you're looking for a family law practice in Altamonte Springs Florida to guide you through this transition, knowing the basics of equitable distribution will help you ask the right questions.
Equitable distribution means the court divides assets fairly, but not necessarily equally. Florida is an "equitable distribution" state, which distinguishes it from "community property" states where everything is split 50/50 right down the middle.
While a 50/50 split is often the starting point, a judge can deviate from that standard based on specific circumstances. They look at factors like how long you have been married, the economic circumstances of each spouse, and the contributions each person made to the marriage. This includes non-financial contributions, like caring for children or maintaining the household.
Because the outcome isn't guaranteed to be equal, having a skilled divorce attorney on your side is critical. They can help you present a clear picture of your contributions to ensure the final division is truly fair to you.
Courts look at the wellbeing of children and the financial reality of maintaining the property when deciding who stays. It isn't as simple as checking whose name is on the deed. In Florida, property acquired during the marriage is generally considered marital property, regardless of who holds the title.
Why this matters:
If you moved into a home your spouse owned before the marriage, but you spent years paying the mortgage or funding renovations with joint funds, you may still have a claim to the appreciation in value.
However, the court also has to be practical. If the mortgage, insurance, and taxes on a home in Brantley Estates cost $3,500 a month, the judge will determine if the spouse who wants to stay can actually afford those payments on a single income.
Yes, the presence of minor children is often the biggest factor in determining who gets exclusive use of the home. Florida courts prioritize the best interests of the children. Stability is key. If moving the children out of their school district or away from their friends would be traumatic or disruptive, the court may award the primary caregiver exclusive use and possession of the marital home for a specific period.
This often lasts until the youngest child turns 18. However, this does not mean the caregiver gets the house for free. The equity in the home is still an asset that eventually needs to be divided.
Absolutely, and resolving property disputes outside of the courtroom often saves you time, money, and stress. Many couples assume they have to fight it out in front of a judge, but you have options.
One effective method is collaborative law. In this process, you and your spouse work with a team of professionals—including a neutral financial professional—to create a settlement that works for your unique situation. This allows you to be creative. For example, maybe one spouse keeps the house in exchange for the other keeping their full 401(k) or other investment accounts.
Here are the three most common ways homeowners in Altamonte Springs handle the house without a judge forcing a decision:
Real-life scenarios help clarify how these laws apply to different situations. Here are two examples of how a family law practice in Altamonte Springs Florida might approach these cases.
Scenario A: The Clean Break
Michael and Sarah live near Uptown Altamonte. They have no children and a significant amount of equity in their home. Neither can afford the mortgage alone. In this case, the most logical (and likely) outcome is selling the property. They use the proceeds to pay off marital debts and split the remainder, allowing both to move into more affordable housing.
Scenario B: The Stability Focus
David and Lisa have two children in elementary school. Lisa is the primary caregiver, but David is the primary earner. A judge might allow Lisa to stay in the home for the next five years to keep the children stable. However, David’s share of the equity isn't gone; it is just deferred. When the house is eventually sold, he will receive his portion.
Divorce is legally technical, and missing a deadline can hurt your case. For instance, once a petition for divorce is served, the other party generally has only 20 days to file a written response. Failing to respond in time can result in a default judgment against you, meaning you lose your say in how assets are divided.
The financial stakes are high, too. With the median home listing price in Altamonte Springs sitting around $335,000, simply "guessing" at the value or the buyout number can cost you tens of thousands of dollars. A neutral financial professional in a collaborative setting or a forensic accountant in a litigated case ensures the numbers are accurate.
Your home is likely your biggest investment, and untangling it from a marriage requires professional eyes. Trying to navigate deeds, mortgages, and equitable distribution statutes on your own can lead to costly mistakes that are difficult to undo.
We are here to help you understand your rights and options. Whether you're looking to protect your assets or ensure your children can stay in their childhood bedroom, our family law practice in Altamonte Springs Florida has the experience to guide you.
If you're facing a divorce and worried about your home, do not wait until the 20-day clock runs out. Contact the Frank Family Law Practice today at (407) 629-2208 to schedule a consultation. Let us help you find a resolution that lets you move forward.