Selling Your Inherited Property As-Is
September 27, 2023
What to consider? Inheriting a property can be both a blessing and a burden. While it may hold sentimental value,…
Going through a divorce is one of the most emotionally and financially challenging experiences a person can face. When you add a shared home into the equation, the stress can feel overwhelming. If you’re a Florida homeowner navigating a divorce and wondering what to do with your property, you’re not alone — and there are options that can make the process much simpler than you might think.
At Homeinc, we work with divorcing couples across Florida every week, helping them sell their homes quickly for cash so they can move forward with their lives. Here’s what you need to know about selling your home during a divorce in the Sunshine State.
Understanding Florida’s Equitable Distribution Laws
Florida is an “equitable distribution” state, which means that marital assets — including real estate — are divided fairly, though not always equally, between both spouses. If the home was purchased during the marriage, it’s typically considered marital property regardless of whose name is on the deed. This means both parties generally need to agree on what happens to the house.
In some cases, one spouse may want to keep the home while the other wants to sell. When neither party can agree or when neither can afford to maintain the property alone, selling becomes the most practical solution. The proceeds from the sale are then divided according to the divorce settlement or court order.
Understanding these legal basics early on can save you time and heartache. Many Florida homeowners in this situation find that selling to a cash buyer during a divorce is the cleanest and fastest path forward.
Why Selling Fast Matters During a Divorce
When a marriage is ending, time is not on your side. Every month the home sits unsold means another month of shared mortgage payments, property taxes, homeowners insurance, and maintenance costs. These carrying costs add up quickly and can create even more financial tension between divorcing spouses.
Listing your home on the traditional market through a real estate agent can take anywhere from three to six months — or longer in a slow market. During that time, you’ll need to keep the home in showing condition, coordinate schedules for open houses, and negotiate with potential buyers who may request costly repairs after their inspection.
A cash home sale can close in as little as seven to fourteen days. There are no showings, no staging requirements, and no waiting for a buyer’s mortgage approval to come through. For divorcing couples who need a clean financial break, this speed can be a lifesaver.
Selling As-Is: No Repairs, No Hassle
One of the biggest advantages of selling to a cash home buyer like Homeinc is that you can sell your house exactly as it is — no repairs needed, no renovations, no deep cleaning. During a divorce, the last thing most people want to do is invest more money and effort into a property they’re trying to leave behind.
Maybe the roof needs replacing, the kitchen is outdated, or there’s deferred maintenance you never got around to addressing. Traditional buyers and their lenders often require these issues to be fixed before closing. With a cash buyer, none of that matters. Homeinc buys homes in any condition, so you can skip the repair bills and move on.
This as-is approach also eliminates a common source of conflict between divorcing spouses: who pays for repairs? When you sell to a cash buyer instead of going through a realtor, that argument simply doesn’t exist.
How the Process Works When Both Spouses Need to Agree
In most Florida divorces, both spouses must consent to the sale of the marital home. Here’s how the process typically works when you sell to Homeinc:
- Step 1 — Request an offer: One or both spouses reach out to Homeinc through our website or by phone. We’ll ask a few basic questions about the property and your timeline.
- Step 2 — Receive a fair cash offer: We evaluate the property and present a no-obligation cash offer, usually within 24 to 48 hours. There’s no pressure, and both parties can review the offer with their attorneys.
- Step 3 — Close on your schedule: Once both spouses agree, we handle the closing process. You choose the date, and proceeds are distributed according to your divorce agreement. Learn more about how Homeinc’s simple 3-step process works.
Because there’s no lender involved on our end, there are fewer complications and far less paperwork. Your divorce attorney can review everything to ensure the sale aligns with your settlement terms.
Avoiding Common Pitfalls When Selling During a Divorce
Selling a home during a divorce comes with unique challenges. Here are a few pitfalls to watch out for:
Don’t let emotions drive decisions. It’s natural to have strong feelings about the family home, but holding onto a property you can’t afford — or refusing to sell out of spite — can hurt you financially in the long run. Focus on what makes practical and financial sense for your future.
According to the National Association of Realtors, homes that sit on the market for extended periods often sell for less than their initial listing price. A quick, clean sale can actually help you preserve more of your home’s value.
Don’t forget about hidden costs. If you list with a real estate agent, you’ll typically pay 5–6% in commissions plus closing costs, repair concessions, and staging expenses. On a $300,000 home, that could mean $20,000 or more coming out of the proceeds. When you sell to Homeinc, there are no commissions, no closing costs, and no repair expenses — you keep more of the sale price.
Don’t skip legal counsel. Always have your divorce attorney review any sale agreement to ensure it’s consistent with your divorce decree or pending settlement. This protects both parties and prevents future disputes.
What If One Spouse Doesn’t Want to Sell?
This is one of the most common complications in a divorce home sale. If one spouse wants to sell and the other doesn’t, the court may need to intervene. A Florida judge can order the sale of the property as part of the divorce proceedings, especially if keeping the home isn’t financially feasible for either party.
If you’re dealing with a situation where your spouse is uncooperative, it’s important to work closely with your attorney. In many cases, once both parties see a fair cash offer on the table — with a fast closing timeline and no additional costs — it becomes easier to reach an agreement. The simplicity and certainty of a cash sale often helps break through the gridlock.
If your situation also involves issues like a lien on the property or if the home is approaching foreclosure, selling quickly becomes even more critical to protect both parties’ financial interests.
Move Forward with Confidence
Divorce is never easy, but selling your home doesn’t have to add to the burden. Whether you’re in Jacksonville, Tampa, Orlando, Miami, or anywhere else in Florida, Homeinc is here to help you sell your house fast, for a fair cash price, with zero hassle. We handle the details so you can focus on what matters most — starting the next chapter of your life.
Ready to take the first step? Request your free, no-obligation cash offer today or call us to speak with a member of our team. There’s no pressure and no commitment — just a straightforward path to selling your Florida home during a divorce.