Navigating Real Estate Transactions During Divorce: What You Need to Know
By Jacqueline Salcines, Esq.
Divorce is never easy. When real estate is involved, the emotional weight is often matched by complex financial and legal considerations. From deciding who keeps the marital home to handling the sale or refinance of investment properties, navigating real estate during divorce requires precision, sensitivity, and expert legal counsel.
At Salcines Law, we help clients — and the realtors who support them — understand the landscape of Florida real estate law during divorce, and ensure no detail is overlooked during this high-stakes process.
Real Estate Is Often the Largest Marital Asset
For many couples, the family home or shared investment properties represent the bulk of their net worth. Florida law considers these properties marital assets if they were acquired during the marriage — regardless of whose name is on the title.
That means even if one spouse bought the home or property, the other may still have a legal claim to it. The division of real estate must be handled carefully and in conjunction with a properly negotiated Marital Settlement Agreement (MSA).
Sell, Keep, or Refinance?
There are typically three options when real estate is involved in a divorce:
- Sell the Property and Divide the Proceeds
Often the cleanest option, especially when neither party can afford to maintain the home alone. The challenge here lies in pricing, timing, and agreeing on repairs or listing strategy — all of which can become points of contention. - One Spouse Keeps the Property
In this case, one party “buys out” the other, either through a refinance or by giving up other marital assets of equal value. It’s critical that the party keeping the home can qualify for a new loan and that the other spouse is properly removed from both the deed and the mortgage. - Continue Joint Ownership Temporarily
Some couples delay the sale, often to allow minor children to remain in the home. This can be risky without a clear legal agreement outlining who pays what and for how long.
The Role of a Real Estate Attorney
While family law attorneys focus on the overall divorce, a real estate attorney ensures the actual transaction is executed properly — from contract to closing. As both a real estate lawyer and accountant, I work to:
✔️ Review the MSA for real estate provisions
✔️ Structure the sale or buyout to protect both parties
✔️ Handle the closing process neutrally and professionally
✔️ Minimize tax exposure where possible
✔️ Coordinate with title companies, lenders, and agents
Realtors: You Don’t Have to Do This Alone
Divorce transactions can be emotional and difficult to navigate. As a Realtor, you may feel caught in the middle or uncertain about how to proceed. We partner with real estate professionals to guide the transaction legally and ensure that everyone is protected.
Let’s Move Forward With Clarity
Whether you’re going through a divorce or working with clients who are, know this: you don’t have to face the legal and financial unknowns alone.
Jacqueline Salcines, Esq.
Real Estate Attorney | Accountant | Title Agent
📍 Coral Gables | Serving All of Florida
🌐 www.salcineslaw.com
📞 Schedule a confidential consultation today
“Never Close Alone.”