During a Brevard County divorce, a Melbourne house sells only with both spouses' written consent or a court order.
Florida fixes the house as a marital asset on the earliest of a valid separation agreement, a date that agreement sets, or the filing of the petition. The judge may value it as of a different date.
This is general information, not legal advice. State rules vary.
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Selling a house during divorce in Melbourne, FL runs on two sets of rules. Florida's equitable distribution statute decides when the house counts as a marital asset and how it gets divided. The Brevard County court's own orders decide who may sign a contract while the case is open.
This guide covers the cut-off date, the standing order, homestead signatures, the three paths for the house, and what the Eighteenth Judicial Circuit asks of both spouses. It stays neutral between spouses and does not give legal advice. A Florida family law attorney can apply these rules to your case, and our guide to selling a house during a divorce covers the wider picture.
When does a Melbourne house become a marital asset in a Florida divorce?
Florida fixes the list of marital assets on the earliest of three dates: a valid separation agreement, another date that agreement sets, or the filing of the divorce petition (Fla. Stat. § 61.075(7)). The value of the house is a separate question with its own date.
The same subsection lets the judge value assets as of the date or dates that are just and equitable under the circumstances. Different assets may be valued as of different dates. For a Melbourne house, the day it is classified and the day it is priced may not be the same day.
What the statute presumes about a shared house
Real estate the spouses hold as tenants by the entireties is presumed marital, even if they acquired it before the marriage (§ 61.075(6)(a)2). A spouse who says otherwise carries the burden of proof. Assets acquired during the marriage are also presumed marital unless shown to be nonmarital (§ 61.075(8)).
A house one spouse owned before the marriage can still pick up a marital share. Under § 61.075(6)(a)1.c, mortgage principal paid down with marital funds, plus part of any passive appreciation, can count as marital under a formula in the statute. Whether that formula reaches a given house is a question for the spouses' attorneys.
Can one spouse sell the house while a Brevard County divorce is open?
No spouse can sell alone. In Brevard County dissolution cases, the Eighteenth Judicial Circuit's standing order bars either spouse from selling or encumbering property without the other's prior written consent or a court order (Administrative Order 13-38-B).
"Neither party shall sell, donate, pledge, encumber, or otherwise dispose of any marital or non-marital property without the prior written consent of the other party or court order..."
Eighteenth Judicial Circuit, Administrative Order 13-38-B, Standing Temporary Domestic Relations Order, paragraph 7
The order names land and houses in its description of property. It also protects coverage: insurance policies in effect when the petition was filed, homeowners policies included, cannot be cancelled or modified without written consent from both spouses or a court order. The property paragraph lasts until a final judgment, a dismissal, or a later temporary order.
The Brevard County Clerk's divorce page adds that a judge may enter orders on the possession or maintenance of any individual asset while a case is pending. A sale both spouses sign, or one a judge approves, fits within these rules. The Eighteenth Judicial Circuit, which issued that order, covers Seminole County as well as Brevard.
Why does a Florida homestead sale need both spouses?
The Florida Constitution lets the owner of homestead real estate sell it when "joined by the spouse if married" (Art. X, § 4(c), Fla. Const.). If the house is a homestead, a deed signed only by the titled spouse may not be enough, divorce or no divorce.
A deed between spouses works differently. Under Fla. Stat. § 689.11(1), one spouse's conveyance of real estate, including homestead, to the other passes legal title, and the receiving spouse need not sign it. That route can matter when one spouse keeps the house.
Section 61.075 adds one more point. When a spouse joins a homestead deed only to sell to an outside buyer, that signature does not turn the house or the sale proceeds into marital property (§ 61.075(6)(a)1.d). Who must sign in your case is a question for a Florida family law attorney or the closing agent.
Who keeps the house in a Florida divorce?
No rule awards the house to either spouse. The court must begin with the premise that the distribution should be equal, and it may depart from that only when relevant factors justify an unequal split (Fla. Stat. § 61.075(1)).
Several of the listed factors touch the house directly:
- Whether to keep the marital home as a residence for a dependent child, or another party, when that is equitable, in that person's best interest, and financially feasible (§ 61.075(1)(h)).
- Each spouse's contribution to acquiring, enhancing, or improving marital and nonmarital assets (§ 61.075(1)(g)).
- Intentional dissipation, waste, depletion, or destruction of marital assets after filing or within 2 years before it (§ 61.075(1)(i)).
- The economic circumstances of the parties and the length of the marriage (§ 61.075(1)(b) and (c)).
Under factor (h), the court first asks whether staying in the marital home is in a dependent child's best interest. If not, it asks whether other equities support giving another party exclusive use and possession. In a contested case with no filed agreement, the judgment must name which spouse is entitled to each asset (§ 61.075(3)).
What are the three paths for a divorce house in Brevard County?
Florida law and the Brevard orders speak to three paths: sell now and divide the proceeds, have one spouse keep the house and pay the other, or keep it until a later date. The table shows what the statute or court record says about each, without ranking them.
| Path | What Florida law or the court record says | Source |
|---|---|---|
| Sell now and divide the proceeds | While the case is open, a sale needs the other spouse's prior written consent or a court order. A judge may order an interim partial distribution for good cause, such as funds needed to avoid losing an asset to foreclosure. | AO 13-38-B, para. 7; Fla. Stat. § 61.075(5) |
| One spouse keeps the house and pays the other | The court may order a monetary payment in a lump sum or installments, and may require security and a reasonable rate of interest. One spouse can deed the house directly to the other. | Fla. Stat. § 61.075(10); § 689.11(1) |
| Keep it until a later date | The court weighs keeping the marital home for a dependent child until the child is emancipated or a court ends exclusive possession, if that is financially feasible. | Fla. Stat. § 61.075(1)(h) |
| Whatever the judgment orders | A judgment distributing assets works as a conveyance once it, or a certified copy, is recorded in the official records of the county where the house sits. | Fla. Stat. § 61.075(4) |
A buyout that depends on a new loan also depends on the lender, which these rules do not cover. A Florida family law attorney can explain how each path would work with your mortgage, your title, and your timeline. For more on local sale options, see our Melbourne cash buyer page.
If payments are falling behind
Good cause for an interim partial distribution includes a need for funds to avoid losing an asset through foreclosure, or the loss of housing (§ 61.075(5)(d)1). The motion must be sworn and show extraordinary circumstances. If a lender has already filed, our guide to the Brevard County foreclosure sale explains that calendar.
What does the Eighteenth Judicial Circuit require before a final hearing?
In contested Brevard County family cases, a party who wants a final hearing must first attend mediation unless the court orders otherwise (Administrative Order 16-30-B). Sessions run through the court's Family Mediation Program or a private mediator. The program's matters include division of property and debt, so the house can be part of that session.
Both spouses must file current financial affidavits before the court issues an Order to Family Mediation. The program appoints only Florida Supreme Court Certified Family Mediators, and sessions are scheduled for up to three hours. On a party's motion, the court shall not refer a case to mediation if a history of domestic violence would compromise the process.
Two more local steps apply. Administrative Order 16-35-B requires both spouses to read listed administrative orders and file a signed attestation certificate with the Clerk (Brevard Clerk, Family Law Forms). The Clerk's divorce page also says each spouse provides financial information to the other and obtains it in return.
| Point in the case | What it means for the house | Source |
|---|---|---|
| Separation agreement or petition, whichever is earliest | Cut-off for classifying marital assets and liabilities | Fla. Stat. § 61.075(7) |
| While the case is open | No sale or new lien without written consent or a court order; insurance in force at filing stays in place | AO 13-38-B, paras. 6 and 7 |
| Before an Order to Family Mediation | Both spouses file current financial affidavits | AO 16-30-B, para. 4 |
| Before a final hearing in a contested case | Mediation, unless the court orders otherwise | AO 16-30-B, para. 3 |
| Final judgment recorded | The judgment works as a conveyance in the county's official records | Fla. Stat. § 61.075(4) |
| January 1 after a sale | Homestead exemption and Save Our Homes cap come off | Brevard County Property Appraiser |
Help from the Clerk's office
The Brevard Clerk's Family Pro Se Coordinator can review forms for completeness and notarize signatures at no charge, at (321) 633-7780 (Brevard Clerk, Pro Se Information). The coordinator does not give legal advice. Forms are sold for a minimal fee at the Titusville, Melbourne, Merritt Island, Palm Bay, and Viera courthouses, or can be downloaded.
What happens to the Brevard County tax bill after a divorce sale?
The Brevard County Property Appraiser removes the homestead exemption and the Save Our Homes cap on January 1 following a sale. An assessed value lower than market value is increased to market value. That change shows up in the year after the sale.
Florida also requires a property tax disclosure summary for the buyer at or before the contract (Fla. Stat. § 689.261). It tells the buyer not to rely on the seller's current property taxes. Neither spouse's current bill sets the next owner's bill.
How can Propcash help when a Melbourne divorce includes the house?
Propcash is a direct cash homebuyer, and we buy houses in Melbourne as-is. Neither spouse has to manage repairs, cleaning, or showings while the case is open.
We make one cash offer based on local market data and show both of you how we got to our number. You pick the closing date, and a cash sale can close in as few as 7 days after the contract is signed.
A written offer can give both spouses and their attorneys one number to compare with a buyout or a listed sale, and our offer stands while you decide. Any contract would still need what your case requires, such as both signatures or a court order. If a cash sale is not your best move, we will tell you. When you are ready, you can get a no-obligation cash offer from Propcash.
Frequently Asked Questions
Does filing for divorce in Brevard County stop either spouse from selling the house?
Filing does not stop a sale both spouses agree to, but it does stop one spouse from selling alone. The Eighteenth Judicial Circuit's standing order in Brevard County dissolution cases bars either spouse from selling, pledging, or encumbering property without the other's prior written consent or a court order (Administrative Order 13-38-B). That paragraph lasts until a final judgment, a dismissal, or a later temporary order.
What date is used to value the house in a Florida divorce?
Florida leaves the valuation date to the judge, who uses the date or dates that are just and equitable under the circumstances (Fla. Stat. § 61.075(7)). That date can differ from the cut-off date that decides whether the house is a marital asset. Different assets in the same case may be valued as of different dates.
Is the house marital if only one spouse is on the deed?
It can be. Florida presumes that assets acquired during the marriage are marital unless shown to be nonmarital (Fla. Stat. § 61.075(8)). If the house is a homestead, the Florida Constitution also requires the owner's spouse to join a sale, whoever holds title. A Florida family law attorney can explain how those rules apply to your deed.
Do we have to go to mediation over the house in Brevard County?
In a contested Brevard County family case, a party who wants a final hearing must first attend mediation unless the court orders otherwise (Administrative Order 16-30-B). The Family Mediation Program handles matters that include division of property and debt. On a party's motion, the court shall not refer a case to mediation if a history of domestic violence would compromise the process.
Can one spouse pay the other over time instead of selling?
Florida lets the court order a monetary payment in a lump sum or in installments over a fixed period to carry out the division of marital assets (Fla. Stat. § 61.075(10)). If installments are ordered, the court may require security and a reasonable rate of interest. Whether that approach fits your finances is a question for your attorney.
Will the buyer of our Melbourne house pay the same property taxes we pay now?
Not necessarily. The Brevard County Property Appraiser removes the homestead exemption and the Save Our Homes cap on January 1 after a sale. Florida's required disclosure tells the buyer not to rely on the seller's current property taxes (Fla. Stat. § 689.261).
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
