Selling the house during a divorce in Florida or Arizona

In a divorce, the house is hard to split, because you cannot cut it in half. One choice is to sell it and divide the money. Here is what Florida and Arizona law say before you do.

Arizona: the order that comes with every divorce filing

Arizona Revised Statutes section 25-315 says that in every divorce, legal separation or annulment case, the court issues a preliminary injunction. Among other orders, it bars both spouses from "transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property" without:

• the written consent of both spouses, or
• the permission of the court.

Section 25-315(B) says the order takes effect against the spouse who files when the petition is filed, and against the other spouse when served or when they learn of it, whichever is sooner. It lasts until the final decree or until the case is dismissed.

So in Arizona, one spouse cannot sell the house alone during the case. Both sign, or the court approves.

Is the house community property? Section 25-211 says property either spouse acquired during the marriage is community property, with exceptions: property received by gift or inheritance, and property acquired after the divorce petition is served if a decree follows. A house one spouse inherited, or owned before the marriage, can be separate property. A lawyer reads the deed and the history.

Florida: starting from an equal split

Florida Statutes section 61.075 says the court sets apart each spouse's nonmarital assets and then divides the marital assets, beginning "with the premise that the distribution should be equal" unless there is a reason for an unequal split. Factors include each spouse's contributions, the length of the marriage and each spouse's finances.

Two points about the house in section 61.075:

• Real property held by the spouses as tenants by the entireties, a form of joint ownership for married couples, is presumed to be a marital asset, whether it was bought before or during the marriage.
• The court can consider keeping the marital home as a residence for a dependent child, when that is fair, in the child's best interest, and financially possible.

The law also lets the court order an early partial split of assets for good cause, and it lists avoiding the loss of an asset through foreclosure as one reason. If you are behind on house payments during the case, tell your lawyer.

Dates and rules that matter for the house

Arizona: how the court divides property. Section 25-318(A) says the court gives each spouse their separate property and divides community and jointly held property "equitably, though not necessarily in kind, without regard to marital misconduct." Property bought outside Arizona counts as community property if it would have been community property here. Under subsection B, the court may consider debts tied to the property, including taxes that would come due on its sale.

Arizona: if the decree leaves the house out. Section 25-318(D) says community or jointly held property that the decree does not deal with is held by both former spouses as tenants in common, each owning one half. You would still own the house together after the divorce, so make sure the decree says what happens to it.

Arizona: cash during the case. Section 25-315(E) lets either spouse ask the court for equal possession of liquid assets, such as bank accounts, that existed when the petition was served, unless there is good cause not to divide them.

Arizona: securing a payout. Section 25-318(E) lets the court place a lien on property awarded to one spouse to secure payment of the other spouse's interest or equity. That can happen when one spouse keeps the house and owes the other a share.

Florida: the cut-off date. Section 61.075(7) says the date for deciding which assets and debts are marital is the earliest of three: the date of a valid separation agreement, another date the agreement sets, or the date the divorce petition is filed. The judge picks the date or dates for valuing each asset, and different assets can be valued on different dates.

Florida: wasted assets. Among the factors in section 61.075(1), the court considers intentional waste or destruction of marital assets after the filing, or within 2 years before it. Keep the house insured and in repair during the case.

Ways to handle the house

1. One spouse keeps it and pays the other their share, for example by refinancing the loan into one name.
2. Sell and split the proceeds after the loan, liens and costs are paid.
3. Keep it together for a time, for example until a child finishes school, with a written agreement on who pays what.

Selling avoids an ongoing financial tie between two people who are separating. The hard part is agreeing on a price, a timeline and who handles showings.

Questions to settle before you sell

Agree on these in writing, with your lawyers, before you sign a sale contract:

1. The lowest price both of you will accept.
2. Who pays the mortgage, taxes and insurance until closing.
3. Who lives in the house until then, and who handles the move-out.
4. How the money from the sale is split, or whether it is held until the court decides.

What a cash sale changes

A listing needs both owners to agree on repairs, the asking price, each price cut, and each showing. A cash sale reduces those decisions to one: accept the written offer or not.

A cash offer is below full market value. In return:

• Both owners see the same written offer, with the comparable sales we used.
• No showings, and no strangers walking through the home while you sort things out.
• A closing date you agree on, from 7 to 35 days out.
• A licensed title company handles the paperwork and pays out the proceeds as the owners or the court direct.

Compare a cash sale with listing in our guide on what each one costs you, and run your numbers with the net proceeds calculator.

BIMINIO buys houses as is in Tampa, Miami, Orlando, Lakeland, Phoenix and Glendale. See our page on selling a house in a divorce.

Sources

• Arizona Revised Statutes, section 25-315: preliminary injunction, read November 8, 2026
• Arizona Revised Statutes, section 25-211: community property, read November 8, 2026
• Florida Statutes (2026), section 61.075: equitable distribution of marital assets and liabilities, read November 8, 2026
• Arizona Revised Statutes, section 25-318: disposition of property, read November 8, 2026

Situations this helps with

• Divorce or separation

Guides

• Cash offer vs listing: the costs
• What happens at closing
• Selling a house during a divorce

This post is general information. BIMINIO does not give legal, tax or financial advice.