Parties to a divorce consider the most important question, above all others as “Who gets what?” Property division is always tricky in divorce, and especially so when it involves Florida real estate. And division of real estate becomes even trickier when a Florida divorce involves property in a different state. Considering that Florida attracts people from every region of the United States, this is a fairly common issue. Two surveys using different metrics revealed that Florida averaged 9.7 million jobs in March 2022, an increase of over 500,000 from last year. Increased employment and relocation can lead to oversight that can both cause and result in a divorce. A new setting can disrupt a marriage in every aspect. Property division even has the potential to affect where the children reside and how they will emerge emotionally
Florida law requires “equitable” distribution of marital property. This means the division isn’t necessarily equal, but fair under the circumstances. To arrive at an equitable division, courts evaluate competing interests and demands.
Generally, dividing real estate in a Florida divorce is no different whether the property is in Florida or another state. The court must still determine whether, and to what extent, the real estate should be considered part of the marital property. The parties must decide whether they want to keep the property or sell it. They may have to sell it and divide the proceeds, or one party may want to buy out the other’s share. However, each state has its own laws regarding property division and divorce, and so the court will have to determine which state’s laws apply.
Attorney with perspective
The professional, financial, and emotional dynamics of divorce can overwhelm even the most prepared. A new life in a different state brings about profound change, but it does not disregard all you left behind. An attorney experienced in the stakes of divorce can provide guidance on how property owned in other states will determine who gets ownership of what.