A divorce or separation is a difficult process that can generate uncertainty and anxiety, especially when it involves the division of assets acquired during the marriage. In Florida, the laws governing the division of property are clear and seek to ensure a fair and equitable distribution between the spouses. If you find yourself in this situation, you must understand how these laws work to protect your interests and make informed decisions.

Principles of property division in Florida

Florida is an equitable distribution state. 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, although not necessarily equally. The court will consider various factors when determining equitable distribution, such as the length of the marriage, the economic contribution of each spouse, and the future needs of each.

What is considered marital property in Florida?

Marital property includes all property, assets, and debts acquired during the marriage, regardless of who acquired them or whose name they are in. This includes:

• Real estate: The family home, investment properties, land, etc.
• Personal property: Cars, furniture, jewelry, artwork, etc.
• Bank accounts: Checking accounts, savings accounts, certificates of deposit, etc.
• Investments: Stocks, bonds, mutual funds, retirement plans, etc.
• Debts: Mortgages, student loans, credit cards, etc.

What is not considered marital property in Florida?

There are certain exceptions to marital property, such as assets acquired before the marriage, assets received as inheritance or gifts during the marriage, and assets excluded by a valid prenuptial agreement.

The property division process

The property division process can be complex and time-consuming. Generally, it involves:

• Inventory of assets: Identifying and valuing all marital assets and debts.
• Negotiation: The spouses, with the help of their attorneys or a mediator, will try to reach an agreement on the division of assets.
• Court decision: If no agreement is reached, the court will make the final decision on the distribution of the property.

The importance of having a real estate agent

If the marital property includes a home, it is essential to have the advice of an experienced real estate agent specializing in divorces. This professional will help you:

• Determine the fair market value of the property. If you need an accurate estimate, you can request a property valuation.
• 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

The division of property in a divorce in Florida can be a challenging process, but understanding the laws and having the right support will allow you to navigate this situation with more confidence. If you are considering selling your house during a divorce, we recommend seeking the advice of a specialized real estate agent. Find more information in my book: BEST HOME SELLING OPTIONS IN A DIVORCE.

Remember that although the process may be difficult, there is a future full of possibilities waiting for you. Do not hesitate to seek the emotional and professional support you need to move forward!

Need more information?

If you want to delve into topics related to buying or selling property in South Florida, we invite you to explore our articles for general buyers and articles for sellers. 

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Meet the Author:

Héctor, originally from Colombia, has called South Florida home for the past 18 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.

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.