Brevard County · Selling

Selling during a divorce or separation in Brevard County

Both owners see the same steps and the same numbers, so nobody is left guessing.

$339,600typical Brevard home value

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What’s different for you

1. Agree on the plan. Both owners see the same steps, dates and numbers.
2. Price and list. Your agent prices from recent sales so the number is clear to both of you.
3. Both sign. Each owner signs in the app; the title company splits the money as your agreement says.

When you start in CloseHive from this page, your plan already includes these steps, along with the usual ones for selling in Brevard County. You always see what to do next, and your agent handles the how.

What to know

Florida splits property fairly, starting from equal

Florida uses equitable distribution. Under Florida Statute 61.075, the judge must start from the idea that marital property and debts are split equally, and can split them unequally only for reasons the law lists. Marital property is generally what either of you got during the marriage. Property owned before the marriage, and gifts or inheritances from someone other than your spouse, are generally nonmarital, but paying down a nonmarital home's mortgage with marital money can create a marital share. A family law attorney can tell you how this applies to your home.

The date that counts

For deciding which things are marital, Florida law uses the earlier of the date of a valid separation agreement or the date the divorce petition was filed. The judge picks the date used to value each item. Keep records of who paid the mortgage and repairs after you separated.

Who lives in the home while the case is open

While the divorce is going on, either spouse can ask the court for temporary orders. The Florida Supreme Court approved form for this (Form 12.947(a)) lets a spouse ask for temporary sole use of the marital home and for temporary payment of specific marital debts. Until a judge orders something or you both agree in writing, do not change the locks or stop paying the mortgage without talking to your attorney first.

Both spouses usually must sign

Everyone named on the deed must sign to sell. In Florida, if the home is a homestead (the main home of a married owner), the Florida Constitution says the owner sells it joined by the spouse, so a spouse whose name is not on the deed may still need to sign. The title company checks this early so closing is not held up.

The divorce papers do not take your name off the loan

The Consumer Financial Protection Bureau explains that a divorce decree can say who must pay a debt, but the lender can still collect from anyone whose name is on the loan. Sending the lender a copy of the decree does not end your responsibility. Your name comes off only when the loan is paid off (for example by a sale or a refinance) or the lender releases you, such as through a loan assumption (when one person takes over the existing loan).

Taxes on the sale: the home sale exclusion

The IRS lets many sellers leave out of income up to $250,000 of gain (profit) from selling a main home, or up to $500,000 on a joint return when both spouses meet the use rule. Generally you must have owned and lived in the home for at least 2 of the last 5 years. IRS Publication 523 adds two divorce rules. If you got the home from your spouse or former spouse, you can count the time they owned it. And if you moved out but your spouse or former spouse is allowed to live there under a divorce or separation instrument, that time can count as your use. A CPA or the IRS pages can tell you how this fits your sale.

The parenting plan and the home

If you have a minor child, Florida requires a parenting plan approved by the court, with a time-sharing schedule and who handles daily tasks and school matters. Among many factors, the court looks at how long your child has lived in a stable, satisfactory place and each parent's ability to keep a steady routine. Florida Statute 61.075 also lets the judge consider keeping the marital home as a residence for a dependent child when that is fair, in the child's best interest and affordable. Plan the sale timing with your parenting plan in mind.

How the money is paid out

At closing, the title company pays the mortgage, liens and selling costs first. What is left is paid out the way your signed agreement or the court's order says. Give the title company a copy of that document early. If it is not final yet, your attorneys can agree in writing to hold the money until it is.

Your options

What to gather

• A copy of the deed, to see whose names are on it
• The latest mortgage statement for every loan on the home, including any home equity line
• Proof of who paid the mortgage, taxes, insurance and repairs since you separated
• Receipts for big improvements, which can lower the taxable gain
• A current price opinion from a local agent, based on recent sales nearby, shared with both of you
• Your Financial Affidavit, which the court requires
• Your marital settlement agreement or the court order once it exists
• A written plan for showings, repairs and who decides on offers
• Your parenting plan dates, so the move fits the time-sharing schedule

Mistakes to avoid

• Stopping mortgage payments out of anger or because you moved out. Late payments hurt both of your credit reports and can lead to foreclosure. Keep paying until a court order or written agreement says otherwise, and keep the receipts.
• Thinking the divorce decree took you off the loan. It does not. Ask the lender in writing how to be released, and check your credit report after the sale or refinance closes.
• Listing before you agree on the rules. Write down the price, the lowest offer you will accept, who pays for what, and how you decide on offers before the sign goes up.
• Moving money from the sale before the split is final. Let the title company pay out only per a signed agreement or court order, or hold the funds until there is one.
• Guessing about taxes. The home sale exclusion has divorce rules that can help or hurt depending on timing. Ask a CPA before you choose a closing date.

Brevard County in numbers

• The typical home in Brevard County is worth about $339,600, and 77% of homes are lived in by their owners.
• Typical rent here is about $1,556 a month, including utilities.