The Marital Home in a Florida Divorce
A home owned before the marriage is partly marital in Florida if marital funds paid down the mortgage: the marital portion is the principal paid plus passive appreciation times a coverture fraction plus active appreciation, capped at net equity.
The statute’s formula
When the mortgage on nonmarital real property is paid down with marital funds during the marriage, the marital portion is the principal paid, plus a portion of the passive appreciation found by multiplying it by a coverture fraction, plus any active appreciation from either party’s efforts or marital funds, never more than the net equity at valuation (Fla. Stat. 61.075(6)(a)1.c). The court applies the formula unless a party shows it would be inequitable.
The pieces
Passive appreciation is the value on the valuation date minus the value on the date of marriage or acquisition, whichever is later, less active appreciation and less any additional encumbrances beyond the first mortgage. The coverture fraction is the principal paid from marital funds on all notes and mortgages, divided by the value of the property on the date of the marriage, the date of acquisition or the date of the first mortgage on which marital funds paid principal, whichever is later.
An example
| Item | Amount |
|---|---|
| Value at marriage | $300,000 |
| Value now | $420,000 |
| Net equity now | $250,000 |
| Mortgage principal paid from marital funds | $40,000 |
| Passive appreciation ($420,000 − $300,000) | $120,000 |
| Coverture fraction ($40,000 ÷ $300,000) | 13.33% |
| Marital share of passive appreciation ($120,000 × 13.33%) | $16,000 |
| Marital portion: $40,000 + $16,000 + $0 active appreciation | $56,000 |
Homes titled as tenants by the entireties
Real property held as tenants by the entireties, whether acquired before or during the marriage, is presumed to be a marital asset, and the spouse claiming otherwise must prove it. The formula above applies to nonmarital real property, not to entireties property.
Keeping the house for the children
One factor for an unequal distribution is the desirability of retaining the marital home as a residence for a dependent child, when it is equitable and in the child’s best interest and the parties can financially maintain it until the child is emancipated. The court first decides whether it is in the child’s best interest to stay, and if not, whether other equities support giving another party exclusive use and possession.
Appraisals and dates
The formula depends on values at the marriage and at the valuation date. Order appraisals for both dates early and keep mortgage statements showing principal paid.
Practical points
Gather closing statements, mortgage payoff letters and annual statements to prove principal paid and from which funds, and get appraisals for the dates the formula uses. One spouse can keep the house if the other receives other property or a cash payment, which vests when awarded.
Frequently asked questions
Is a house I owned before marriage marital property in Florida?
Not as a whole. The marital portion is the mortgage principal paid from marital funds, a coverture share of passive appreciation and any active appreciation, capped at net equity.
What is the coverture fraction in Florida?
The principal paid from marital funds divided by the value of the property on the date of the marriage, the date of acquisition or the date of the first mortgage on which marital funds paid principal, whichever is later.
What is active appreciation in Florida?
Appreciation resulting from either party's efforts or from marital funds or other marital assets spent on the property.
Is entireties real estate marital in Florida?
It is presumed marital whether acquired before or during the marriage, and the spouse claiming otherwise has the burden of proof.
Can a Florida court award the home to the parent with the children?
It can consider the desirability of retaining the marital home for a dependent child as a factor, when equitable, in the child's best interest and financially feasible.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.