Going through a divorce is an emotional and legal challenge, and if it also involves the sale of a house in South Florida, the situation can become even more complex. One of the most crucial aspects to consider is the marital property laws that govern this state, which will determine how the real estate property will be divided between the spouses.

What is marital property in Florida?

In Florida, the principle of equitable distribution of marital property applies. This means that, in the event of a divorce, all assets acquired during the marriage are considered property of both spouses and will be divided fairly and equitably, although not necessarily equally.

How is the division of marital property determined?

The division of marital property is based on several factors, including the length of the marriage, the economic contribution of each spouse, the interruption of the professional career of either spouse to dedicate themselves to the home or raising children, and any existing prenuptial or postnuptial agreement.

What happens to the house in a divorce in Florida?

The family home, being an asset acquired during the marriage, is considered marital property and will be subject to division. There are several options for handling the house in a divorce:

• Sale of the property and division of the proceeds: This is the most common option, especially if both spouses want to move on and start a new life.
• Buyout of the other spouse's share: One of the spouses may choose to buy out the other's share and keep the house.
• Temporary use of the house: In some cases, it may be agreed that one of the spouses will use the house temporarily, especially if there are minor children involved.

What role does a real estate agent play in selling a house during a divorce?

An experienced real estate agent specializing in divorces can be an invaluable ally in this process. They will help you:

• Determine the fair market value of the property. You can get a property valuation to have a clear idea of its current market value.
• Prepare the house for sale and maximize its appeal to potential buyers.
• Handle negotiations with the other spouse or their legal representatives.
• Facilitate the closing process and ensure that everything is done legally and transparently.

Conclusion

Understanding marital property laws in South Florida is essential to making informed decisions about the sale of your house during a divorce. If you need more information about the process of buying or selling a property, we invite you to explore our articles for general buyers and articles for sellers, or to download our buying and selling property guides.

Remember, although this process can be emotionally challenging, having the support of a specialized real estate agent and understanding your legal rights will give you the confidence and peace of mind you need to move forward.

About Héctor Zapata

Héctor Zapata is a real estate agent passionate about helping his clients achieve their real estate dreams. With his extensive experience in the South Florida market and his deep knowledge of golf communities and luxury properties, Héctor will guide you every step of the way in buying or selling your property.

If you are looking for a committed and reliable real estate agent, do not hesitate to contact Héctor through his website or visit his office in Fort Lauderdale. 

As someone who went through a divorce three years ago, I understand firsthand how emotionally draining and complicated it can be, especially when real estate is involved. Having experienced the process myself, I can relate to the feelings of uncertainty and stress that come with selling a home during such a time.

In response to this, I wrote BEST HOME SELLING OPTIONS IN A DIVORCE to help others in similar situations. I focus not only on the technical aspects of real estate but also on the emotional support and guidance needed when you’re selling a property while going through a divorce. My goal is to use my experience to provide solutions that make a difficult process easier.

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Meet the Author:

Héctor, originally from Colombia, has called South Florida home for the past 23 years, blending his background as an Industrial Engineer with his passion for golf and real estate. After a 13-year career as a Plant Manager and General Manager in the Graphic and Publishing industries in Bogotá, he moved to the United States in 2001 and became a PGA professional, founding Bonaventure Golf Academy. Over nearly 15 years as a golf instructor, many clients sought his advice on the best golf communities in South Florida, leading him to transition into real estate. Today, Héctor specializes in luxury properties and golf communities in the area, known for his personalized service, ethics, and professionalism. You can reach him at his office at 401 East Las Olas Blvd., Suite 100, Fort Lauderdale, FL 33301, call him at +1 (754) 244-2687, or email him at hzapata@onesothebysrealty.com. For more information, visit his website at .

Hector Zapata

Welcome to Your South Florida Real Estate Advantage

Hector was born in Colombia and has called South Florida home for 24 years.

I'm Hector Zapata, a South Florida-based real estate advisor specializing in luxury, golf community homes, new and pre-construction developments, and transitional real estate services for sellers and buyers navigating significant life changes.

My journey into real estate is anything but ordinary. As a former professional golfer who competed in the 2006 Ford Championship PGA Tournament at Doral alongside icons like Tiger Woods and Phil Mickelson, I bring a unique perspective on discipline, patience, and precision. Golf has taught me humility, courage, and the value of community, principles I apply to every client relationship.

Before real estate, I trained and worked as an Industrial Engineer. This background empowers me to approach each transaction strategically and systematically, ensuring every process step is smooth, efficient, and client-focused. Past clients often describe me as deeply committed, knowledgeable, and reliable, known for my white-glove service and negotiation skills.

Whether you're:

• A luxury homeowner looking to sell with maximum return,

• An international buyer or investor exploring South Florida's vibrant opportunities,

• A family relocating for a new chapter,

• Or navigating the emotional journey of divorce or transition...

...I offer a level of service that goes beyond real estate. I serve as your trusted advocate, confidant, and expert guide.

My Core Values

Honesty. Courage. Precision. Respect. Discipline. These values define how I work, how I treat others, and how I achieve results.

Giving Back

Even though I no longer compete professionally, I continue to share my passion for golf by volunteering with The First Tee program, where I teach Veterans and children the values and joy of the game.

Let's Connect

Whether you’re looking to buy, sell, or invest in South Florida, I invite you to connect with me. Let’s discuss your goals, craft a strategy, and make your real estate journey a winning one.