Who Gets the Marital Home in a Florida Divorce?

We can’t say with any certainty who would get the marital home in your specific divorce case, as every case is different, and judges can be capricious. However, we can look at past cases to determine how judges make decisions concerning property division during a divorce.

In Florida, there is a presumption that assets and debts should be divided evenly between the two spouses. However, in some cases, the court sees fit to divide the marital estate in favor of one spouse or the other. In other words, they give more of the marital estate to one spouse.

In one case, Ortiz v. Ortiz, the husband appealed the trial court’s decision to award the marital home to his former wife.

The background of the case

In Ortiz v. Ortiz, the former husband appealed the dissolution judgment on the basis of challenging the court’s exclusive award of the family home to his former wife. The parties were married in 2010 and had three minor children together. After moving to Florida and purchasing a home in 2015, the marriage soured, and the husband moved out of the family home while the wife and children remained in it. The wife continued to make mortgage payments after the separation.

After the trial court awarded the marital home to the wife, the husband contested the decision, arguing that he should get at least half the value of the house on appeal. The appeals court rejected his argument, finding in favor of the wife, who got to keep the marital home with her children, until the youngest child reaches the age of majority.

Understanding the court’s reasoning

In the case mentioned above, the marital home stayed with the custodial parent who had residential custody of the children. The court thus found that the exclusive use and possession award was within the trial court’s discretion, citing findings that the wife could make mortgage payments, and staying in the marital home was in the children’s best interests, given the fact that the husband had comparable housing. Generally speaking, the marital home is awarded to the spouse who has primary or residential custody of the children, until the youngest child is emancipated.

Unpacking the appellate court’s decision

In Ortiz v. Ortiz, the appellate court awarded the wife exclusive use and possession of the marital home based on the following reasons:

• Best interests of the children – The court found that awarding the marital home to the custodial parent was in the best interests of the children. This is a significant factor in Florida divorce cases, especially when minor children are involved.

• Wife’s ability to make payments – The wife demonstrated the ability to make payments on the marital home, allowing her to continue to reside there with her children.
• Husband had comparable housing – At this point in the lawsuit, the husband had already moved into a new house with his fiancée. That indicated to the court that the husband’s housing needs were being met and did not cause him undue hardship.

Talk to a St. Petersburg, FL, Divorce Lawyer Today

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents who are going through a divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin addressing your needs right away.

Source:

case-law.vlex.com/vid/ortiz-v-ortiz-case-893214509