Understanding property in Florida Divorce Law

In Florida, property is divided into two general categories: real property and personal property. Real property refers to immovable assets like homes and land, while personal property includes movable possessions such as vehicles, furniture, electronics, and personal items. All property acquired during the marriage—regardless of which spouse’s name is on the title or account—is considered marital property, unless it was acquired as a gift (not from the other spouse), inheritance, or owned before the marriage and kept separate.

Florida is an equitable distribution state, meaning the court aims to divide marital property fairly, not necessarily equally. In uncontested divorces, the couple decides how their property will be divided. Once those decisions are made, they are recorded in a Marital Settlement Agreement, which becomes part of the court record. Even though the judge won’t divide the property for you in an uncontested case, they will still review your agreement to ensure it meets basic legal standards and was made voluntarily.

Real property in an Uncontested Divorce

Real property includes your family home, vacation properties, rental properties, or any land acquired during the marriage. In a Florida uncontested divorce, the couple must agree on what happens to each property. Some common options include:

1. One spouse keeps the home and refinances the mortgage in their own name.
   
2. The couple sells the property and splits the proceeds.
   
3. One spouse buys out the other’s share through a financial settlement.

It’s critical that all agreements about real property are spelled out clearly in writing. This includes decisions regarding ownership transfer, how any existing mortgage will be handled, who is responsible for property taxes, and who will pay for ongoing maintenance or repairs if the property is retained by one party. In most cases, a Quit Claim Deed is used to transfer ownership when one spouse keeps the home. However, it’s important to understand that transferring ownership does not remove a spouse’s name from the mortgage—that requires refinancing, which may not always be feasible.

In the context of an uncontested divorce, the goal is to prevent future disputes. If both parties agree that a property will be sold, the agreement should include details such as a target sale date, who will manage the listing and sale process, and how the sale proceeds will be split.

Personal property and how it is handled

Personal property includes household items, furniture, vehicles, clothing, jewelry, electronics, and personal belongings. These items may seem small in comparison to real estate or financial accounts, but disputes over personal property are one of the most common sources of post-divorce tension. That’s why it’s crucial to itemize and divide everything in advance—and to be as detailed as possible in the settlement agreement.

In Florida uncontested divorces, spouses often decide to divide personal property informally, without assigning a specific dollar value to each item. However, the agreement should clearly outline who gets what. If there are specific pieces of property that hold financial or sentimental value—like family heirlooms, artwork, or a vehicle—those items should be explicitly listed in the agreement with ownership assigned to one party. If both parties own a car, the agreement should state who gets which vehicle and whether the title will be transferred.

When dealing with personal belongings, it's often helpful to conduct a household inventory. This ensures that both spouses are aware of the items in question and that each feels the division is fair. Even though Florida courts do not require a full itemized list of personal property in uncontested divorces, having one reduces the likelihood of disagreements after the divorce is finalized.

What does the court expect in Property Agreements?

In an uncontested divorce, the court assumes that both spouses have reviewed and accepted the terms of their property division voluntarily and without coercion. That said, Florida judges still review your Marital Settlement Agreement for fairness and completeness. If your agreement is vague, ambiguous, or appears to favor one party unjustly, the court may ask for revisions or clarification before granting the divorce.

Here are some common elements that should be included in a property agreement in Florida:

1. A clear list of who will retain ownership of each real and personal asset.
   
2. Any plans for the sale or transfer of homes or vehicles, including timeframes.
   
3. A statement on how debts associated with the property will be handled.
   
4. Clarification of who will pay for property-related expenses (mortgage, taxes, repairs, insurance, etc.) if property is retained.

Special Considerations