• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer

Harris Guidi Rosner, P.A.

Attorneys in Jacksonville, FL

Free Consultation | Call or Text:

904-777-7777

1837 Hendricks Ave, Jacksonville, FL 32207

Menu
  • Home
  • Areas of Practice
    • Personal Injury
    • Wrongful Death
    • Criminal Law
    • Workers’ Compensation
    • Family Law / Divorce
    • Social Security Disability
    • Civil Law
    • Close
  • Attorneys
    • Jacksonville Attorney Robert Harris photoRobert Harris
    • Jacksonville Attorney Dennis Guidi photoDennis E. Guidi
    • Jacksonville Attorney Alan Rosner photoAlan Rosner
    • Attorney-Chase-Harris-menuChase Harris
    • Jacksonville Attorney Kendall Mills PhotoKendall Mills
    • Tim Miller SmallTimothy Miller
    • Attorney-Jerry-Pryor-menuJerry Pryor
    • Jacksonville Attorney Peter Shutters PhotoPeter Shutters
    • white-menuChris White
    • Attorney-Chris-Wilson-menuChris Wilson
    • Ronald ThumbnailRonald Bennett
    Close
  • About
    • Community Involvement
    • Awards & Memberships
    • Close
  • Results
    • Testimonials
    • Case Results
    • Close
  • FAQ’s
  • Blog
  • Contact Us
  • spaEn Español
Home » Family Law » How is a Marital Home dealt with in a Divorce?

How is a Marital Home dealt with in a Divorce?

June 13, 2017 by Chris Wilson

How is a Marital Home dealt with in a Divorce?

One of the issues that litigants in divorce cases often encounter is deciding how to distribute or divide a marital home.  A house is considered an asset in divorce proceedings and is therefore subject to distribution amongst the parties.  Obviously, you cannot literally split a house in half – instead, there are a few different options available for people encountering this issue.

First, both parties may agree that they do not wish to maintain the house, and wish to sell it instead.  In this event, the house is typically placed on the market with a mutually agreeable realtor, and the parties cooperate in making any repairs necessary for the home to sell at a reasonable price.  Once the home does sell, the most common resolution is the parties equally splitting any net proceeds once all closing costs (and any other associated fees) are paid off.  Of course, litigants can agree outside of Court to a division of net proceeds that is not equal; however, if the case goes all the way to trial, the Judge will typically do an equal division.

Second, one party may decide they wish to remain in the home post-divorce.  In this event, the party electing to remain in the home will typically have to pay the other party half of any equity in the home.  In order to determine how much equity is in the home, it is advisable to retain a mutually agreeable expert to appraise the home.  If there is a disagreement as to the value of the home (and the resulting equity in the home), that is a dispute that the Judge will have to resolve.

Occasionally, one party may desire to sell the home while the other party is dead-set on remaining in the home.  In that event, a suit for partition must be filed.  A partition action essentially asks the Court to order the forced sale of the home, even over the objection of the other party.  It is incumbent upon the Court to make a decision in this regard as equitably as possible.

  • About
  • Latest Posts
mm

Chris Wilson

Family Law & Criminal Law Attorney at Harris Guidi Rosner, P.A.
Chris has been a Family Law and Criminal Law attorney since 2001. He is an attorney with the Jacksonville Law Firm of Harris Guidi Rosner, P.A.
A graduate of the University of Florida for his B.A. And Law degree, Chris is an avid Florida Gator fan, as well as Pearl Jam, Nascar and Golf.
Read Chris' full bio
mm

Latest posts by Chris Wilson (see all)

  • Over 100 Breath Tests Excluded in Florida - November 13, 2018
  • Practice Tips for Injunction Court - October 30, 2018
  • 3 Tips to Help You Beat Traffic Tickets - January 25, 2018

Filed Under: Family Law

Free Consultation

Complete this form for a FREE No Obligation Consultation
father with child at the beach

What it Means to Be a Co-Guardian in Florida

If a minor or incapacitated adult cannot make decisions on their own, a Florida court might choose … [Read More...] about What it Means to Be a Co-Guardian in Florida

Mother and her child

What Does Florida’s ‘Timesharing’ Mean?

The legal system can be difficult to navigate, especially when you are in an issue that affects the … [Read More...] about What Does Florida’s ‘Timesharing’ Mean?

Practice Tips for Injunction Court

Injunctions arrive at your office like pitcher Justin Verlander’s 100 mile an hour fastball. Thrown … [Read More...] about Practice Tips for Injunction Court

Post Categories

  • Civil Law (11)
  • Criminal Law (25)
  • Estate Planning (14)
  • Family Law (28)
  • Harris Guidi News (30)
  • Personal Injury (35)
  • Social Security (63)
  • Workers' Compensation (64)
  • Wrongful Death (8)
Martindale Hubbell Peer Review Rated PreeminentUS District CourtUS Supreme CourtAVVO Rating 10 out of 10Jacksonville Bar AssociationFlorida Bar AssociationInns of Court

Areas of Practice

Personal Injury
Criminal Law
Workers’ Compensation
Family Law
Social Security
Civil
Wrongful Death

Connect

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

HARRIS, GUIDI, ROSNER, P.A.

1837 Hendricks Ave
Jacksonville, FL 32207

Phone (Call or Text): 904-777-7777
Secondary Phone: 888-262-4520
Fax: 904-399-1718
Email: harris@harrisguidi.com

© Copyright 2021 · Harrs Guidi Rosner, P.A. · All Rights Reserved.
Sitemap · Terms · Privacy