Quick answer: When a Florida home is owned by spouses who are divorcing, the sale can depend on who holds title, whether a court order or settlement agreement controls the home, whether a lis pendens is recorded, and whether both spouses must sign. Florida's constitution requires a spouse to join in the sale of homestead property, and a separation alone does not change that. Buyers should ask for the title and court paperwork early, and both parties should have their own attorneys. This is general information, not legal advice.
Divorce is personal, and the people involved deserve privacy and respect. This article does not describe any particular person or case. It explains the general legal framework that can affect a Florida home sale when the owners are going through a divorce, and the questions buyers and sellers should bring to their own attorneys. Both parties should have their own lawyers. A buyer's agent should not give legal advice to either side.
How property is divided
Florida's dissolution statute starts from a premise: the court "must begin with the premise that the distribution should be equal," unless the factors listed in the statute justify another result (s. 61.075(1)). Assets acquired and liabilities incurred during the marriage are generally marital, and property acquired after the marriage is presumed marital (s. 61.075(6)(a), (8)). Premarital assets, gifts or inheritances that were not given to both spouses, and assets excluded by a valid written agreement, are generally nonmarital (s. 61.075(6)(b)). The character of the home therefore matters, and an attorney has to analyze it.
Who must sign
Florida's constitution addresses homestead property directly. Article X, Section 4(c) says the owner of homestead real estate, "joined by the spouse if married, may alienate the homestead by mortgage, sale or gift." I quote that language from a 2018 Florida Senate staff analysis, because I could not load the constitutional text itself. Florida Realtors' August 11, 2026 article puts the practical point plainly: separation does not change a couple's legal marital status or eliminate potential homestead issues. A 2026 law firm article says joinder remains required until a final judgment of dissolution is entered. Whether a particular deed would be valid without joinder is a question for a Florida attorney, and a title professional can tell the parties who must sign for the specific property.
Court orders and settlement agreements
An older settlement agreement or court order can still control a sale. It may set a sale date, a split of the proceeds, or a requirement to refinance. Some orders transfer title if a spouse will not sign, and others do not clear title by themselves. Florida Realtors notes that a homestead occupancy right may exist even without a share of the sale proceeds. The judgment or agreement itself, not the listing or a summary, decides which situation applies.
Lis pendens and what the records show
A lis pendens is a notice of a pending lawsuit that affects title to property. Under s. 48.23(1)(a), it affects the property only if it is recorded in the county where the property sits. Under s. 48.23(1)(d), a recorded notice bars enforcement of interests and liens that were unrecorded when it was recorded, unless the holder intervenes within 30 days. Under s. 48.23(2), a notice is generally not effective beyond one year from commencement of the action, absent an exception. Whether and how a later buyer takes subject to the outcome of the case is a legal question, so ask your attorney and title company to search the records for any recorded notice before you close.
Fair housing and privacy
Florida's fair housing statute lists race, color, national origin, sex, disability, familial status and religion. Marital status is not on that list (s. 760.23(1)). Even so, listing and marketing language should not steer buyers or describe a seller's family situation. Do not describe or speculate about any identifiable person going through a divorce, and do not use distress language in marketing. Florida prohibits false or misleading real estate advertising (s. 475.25).
Questions to ask the attorneys
For sellers, buyers and their attorneys, these are the questions that matter most. Does the joinder requirement in Article X, Section 4(c) apply to this home, and what will the title company require for signatures? Does the judgment or marital settlement agreement give possession, a sale date, a share of proceeds or a refinancing requirement for this home, and does any clause transfer title? Is a lis pendens or a pending case recorded against the property, and how does that affect timing and title insurance? How does the equal-distribution starting point in s. 61.075(1) apply to this home? And what should a buyer require before contracting with a seller who is divorcing, including who must sign and whether one spouse can sign alone?
What I can help with
I can help a buyer or seller organize the timeline, the title documents and the list of questions for the attorneys, and I can explain the marketing and disclosure steps in a way that stays accurate. I cannot tell either party what the court will do or what their documents require. That work belongs to the attorneys.
Questions buyers and sellers ask about divorce and home sales
Do both spouses have to sign to sell a homestead in Florida?
Under Article X, Section 4(c) of the Florida Constitution, the homestead owner's sale requires the spouse to join if the couple is married. Ask the title company which signatures it requires and why, and have an attorney confirm the answer for the specific property.
Does separation end the need for the spouse to join?
Florida Realtors says separation does not change marital status or eliminate potential homestead issues. A 2026 law firm article says joinder remains required until a final judgment of dissolution. An attorney should confirm the answer for your situation.
Can a court order or settlement agreement transfer title?
Some orders do and some do not. The judgment or agreement controls, so have an attorney read the exact terms, including any sale date, proceeds split or refinancing requirement, before you rely on the property's timeline.
What is a lis pendens, and how does it affect a purchase?
A lis pendens is a recorded notice of a pending lawsuit affecting title. Under s. 48.23, it affects property only if recorded in the county where the property sits, and it generally expires after one year absent an exception. Your title company should search for one, and your attorney should explain how it affects the closing.
Talk with William. Buying or selling a home during a divorce? Each party should have their own attorney. I can help you organize the property documents and the questions for the attorneys, and explain the marketing and timing steps in plain language. Call or text (772) 800-2274 or send a message.
General information only, not legal, tax, financial or family law advice. Each party should consult a Florida attorney. Title, joinder and lis pendens questions should be confirmed with a title professional. Statute and constitutional references are as reviewed on October 20, 2026. William Merchant, REALTOR®, RE/MAX Gold. Each RE/MAX office is independently owned and operated. Equal Housing Opportunity.
Sources
- Florida Statutes 61.075, Equitable distribution of marital assets and liabilities (2025)
- Florida Senate staff analysis, SB 512 (2018), quoting Article X, Section 4(c)
- Florida Realtors: When divorce complicates a home sale (Aug. 11, 2026)
- Alper Law: Divorce and homestead joinder (2026, secondary)
- Florida Statutes 48.23, Lis pendens (2025)
- Florida Statutes 760.23, Discrimination in housing (2025)
- Florida Statutes 454.23, Unlicensed practice of law (2025)
- 42 U.S.C. 3604, Discrimination in the sale or rental of housing
- Florida Statutes 475.25, Discipline of real estate licensees (2025)
