Splitting Home Equity in a Florida Divorce: How the Math Works
3 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
Cash Flow Deals is one way Florida spouses turn locked-up home equity into a number they can actually split, alongside a traditional listing or a buyout. Florida Statute 61.075 starts from an equal split of marital equity, then adjusts for contributions to the marriage, debts against the property, and separate funds used to buy or improve it.
| Factor | Traditional Listing | Cash Flow Deals |
|---|---|---|
| Timeline | 30-90 days to find a buyer, plus 30-45 days to close, with the equity number uncertain until closing | Net equity number fixed early, closing timed to line up with the settlement date |
| Repairs | Seller fronts repair costs to protect the equity figure a buyer's inspector might otherwise chip away at | Repairs scoped after the price is locked, so the equity split doesn't shrink mid-negotiation |
| Fees / Costs | Commission negotiable post-NAR settlement (Aug 17, 2024), plus mortgage payoff, liens, and prorated taxes split between spouses | Cash Flow Deals is paid as a separate line item on the closing statement, arranged through Silver Door Realty |
What Counts as Marital Equity in Florida
Marital equity is the value built up in a home during the marriage using marital funds, minus whatever's still owed on the mortgage. Money one spouse brought into the marriage as a down payment, or an inheritance kept separate and used to buy the house outright, can count as nonmarital and get carved out before the split. In 2024 the Florida Legislature updated Florida Statute 61.075, clarifying how courts define the marital interest in things like a closely held business tied to the property and how interspousal gifts of real property get classified. That distinction between marital and nonmarital dollars is usually where a divorce equity fight actually happens, not the home's total value.
The Equity Math: From Home Value to Each Spouse's Check
The math starts simple and gets complicated fast. Home value minus mortgage payoff minus any liens equals gross equity. Subtract selling costs and prorated property taxes and you get net equity, the number that actually gets split. From there, Florida's equitable distribution rules apply, starting from an equal split but shifting based on each spouse's contribution to the marriage. Searches for 'Divorce and Home Equity Calculators' run around 3,464 a month, which tells you how many Florida homeowners are trying to run this math themselves before ever talking to an attorney or a real estate professional. A calculator gets you a rough number. It doesn't replace a licensed appraisal or a family law attorney's read on how Florida Statute 61.075 applies to your specific facts.
Cash Flow Deals' Process for Turning Equity Into a Number Both Sides Can Trust
Cash Flow Deals' Process: 1. Request a net-price walkthrough, so the equity math starts from one agreed number instead of two spouses arguing over an online estimate. 2. Cash Flow Deals locks that net price before repairs are scoped, so the equity figure in the settlement doesn't shift after both spouses have already signed off. 3. Title transfers once, directly from the sellers to a real buyer using their own FHA or conventional financing, through a novation instead of a second closing. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. Cash Flow Deals is a Florida real estate investor that locks in a net price for a seller's house before repairs are scoped, using a novation-based, flat-fee process arranged through its licensed FL brokerage partner, Silver Door Realty — not a traditional listing, and not a brokerage itself.
Why a Locked Number Beats a Moving Target During Divorce
A traditional listing can change the equity math mid-divorce in ways neither spouse planned for. A buyer's inspector finds a roof issue, the buyer asks for a credit, and suddenly the number both spouses agreed to split is thousands of dollars lower than what the appraisal said. That kind of moving target is hard enough in a normal sale. In a divorce, where both spouses already have limited trust left to spend on each other, a number that keeps shifting turns a property sale into a second fight. Locking the net price before repairs get scoped removes that specific fight from the table.
Buyout vs. Sale: Two Ways to Divide the Equity
A buyout keeps the house with one spouse, who refinances the mortgage solo and pays the other spouse their share of the equity in cash. It only works if that spouse can qualify for the new mortgage on their own income. A sale splits actual cash from closing between both spouses, once the mortgage, liens, and selling costs are paid off. Selling is usually the more realistic option when neither spouse can qualify to refinance alone, or when both spouses want a clean break from the property rather than an ongoing financial tie.
Common questions
How is home equity split in a Florida divorce?
Florida Statute 61.075 starts from an equal split of marital equity, then a judge can adjust that split based on factors like each spouse's contribution to the marriage or debts one spouse ran up. It's rarely a flat, automatic fifty-fifty once those factors get weighed.
What if one spouse's name isn't on the mortgage?
Being off the mortgage doesn't automatically mean being off the equity. If the home was bought or paid down with marital funds during the marriage, it can still count as a marital asset regardless of whose name is on the loan. Confirm how this applies to your situation with a licensed Florida family law attorney.
Can a spouse keep the house and buy out the other's equity?
Yes. That spouse typically needs to qualify for a new mortgage on their own, since most divorce settlements require removing the other spouse from the loan, not just the deed.
Does Florida use a 50/50 split for home equity?
Florida starts from a presumption of equal distribution, but that's a starting point, not a guarantee. Contributions to the marriage, nonmarital funds used on the property, and other factors under Florida Statute 61.075 can shift the actual split.