A Neutral Resource for Separating Homeowners

Divorce and Real Estate in Palm Beach County

Selling a house during divorce in Palm Beach County usually comes down to three choices: sell now and divide the proceeds, have one spouse buy out the other, or keep the home together and sell later. The right choice depends on who is on the mortgage, what the home is worth today, and what each of you can carry on your own.

I'm Lisa Treu, and I have been helping Palm Beach County homeowners since 1989. When a home is part of a divorce, our team stays neutral. We don't take sides. We advocate for the real estate decision, so both of you can move forward with the most equity possible.

Who Helps Homeowners Sell a House During a Divorce in Palm Beach County?

Treu Group Real Estate, led by Lisa Treu, helps divorcing homeowners in Palm Beach Gardens, Jupiter, and across Palm Beach County, Martin County, and Northern Broward decide what to do with the marital home and sell it for the most money. Lisa has been a Palm Beach County agent since 1989. Our team stays neutral, works with both spouses and both attorneys, and gives everyone the same market numbers. Our broker, Steve Treu, holds the CDPE (Certified Distressed Property Expert) designation for homes worth less than what is owed.

Call 561-352-3056 or book a private consultation.

Watch: Selling a Home During Divorce in Palm Beach County

Watch on YouTube

In this video, I walk through what to think about before you decide to sell, wait, or let one person stay in the home. Start with these five questions:

  • Who is on the mortgage?
  • Who will make the payments?
  • Who will maintain the home?
  • What could waiting cost both of you?
  • What is the smartest real estate strategy for your situation?

The answers shape every decision that follows, from pricing to timing to who signs what.

What Are Your Options for the House During a Divorce?

Most divorcing homeowners in Palm Beach County end up with one of three paths for the marital home. Here is how they compare.

1. Sell the Home and Divide the Proceeds

Often the cleanest break. Both names come off the mortgage at closing, and the net proceeds are divided according to your settlement or court order.

Watch for:

  • Agreeing on list price, repairs, and how offers get approved
  • Who pays the mortgage, taxes, insurance, and HOA dues until closing
  • Keeping the home show-ready while emotions run high

2. One Spouse Keeps the Home

The spouse who stays typically refinances into their own name and pays the other spouse their share of the equity.

Watch for:

  • Qualifying for the loan on one income
  • A quitclaim deed does not take anyone off the mortgage
  • Agreeing on a fair value for the buyout

3. Keep It Together and Sell Later

Some agreements or court orders let one spouse stay for a set period, then sell. It can buy time, but it keeps you financially tied together.

Watch for:

  • Both of you stay liable for the mortgage
  • Who pays for repairs and rising insurance
  • Exactly what event or date triggers the sale

How Our Team Helps Both of You

  • A neutral market analysis that both spouses and both attorneys can see
  • One clear line of communication, with updates sent to both of you
  • Trusted local contractors when the home needs repairs or updates before listing
  • Marketing that reaches buyers in Florida, in other states, and in other countries
  • Steve Treu, our broker, holds the CDPE (Certified Distressed Property Expert) designation for situations where the home is worth less than what is owed
  • Coordination with your family law attorneys, mediator, lender, and title company

Florida Rules That Affect the Marital Home

Your attorney and CPA guide the legal and tax side. Knowing these basics helps you ask better questions and avoid expensive surprises.

Florida Starts From an Equal Split

Under Florida's equitable distribution law (Fla. Stat. 61.075), the court begins with the premise that marital assets and debts are divided equally unless there is a reason for an unequal split. The court can also consider letting one spouse keep the home for a dependent child when it is financially feasible.

The Deed Is Not the Mortgage

Signing a quitclaim deed removes your name from title, not from the loan. Only a refinance, a lender-approved assumption, or a sale releases you. Until then, a late payment by either person can affect both credit reports.

Capital Gains on the Sale

When a primary home sells, each owner may exclude up to $250,000 of gain ($500,000 on a joint return) when the IRS ownership and use tests are met. If your divorce or separation agreement grants your former spouse use of the home, the spouse who moved out can generally still count that time. Review this with your CPA before you sign.

Homestead and Property Taxes

Florida does not treat a transfer between spouses due to a dissolution of marriage as a change of ownership for Save Our Homes purposes (Fla. Stat. 193.155). Call the Palm Beach County Property Appraiser when ownership changes, and file homestead on your next home by March 1.

Qualifying for Your Next Home

For conventional loans, alimony or child support generally counts as income only after six months of documented receipt and when it will continue for at least three years. If you pay support, the lender counts it as a monthly obligation.

Waiting Has a Cost

While a divorce is pending, the mortgage, taxes, insurance, HOA dues, and upkeep keep coming. Market values and interest rates move too. Knowing what waiting costs helps both of you decide on timing.

This page is general information, not legal or tax advice. Lending guidelines and tax rules change, so confirm current requirements with your attorney, CPA, and lender.

How to Sell a House During a Divorce in Florida, Step by Step

  1. Confirm who can sign. Ask your attorney whether both spouses will sign the listing and sale contract, or whether a court order is needed first.
  2. Get a neutral value. Start with a market analysis based on recent Palm Beach County sales that both of you, and both attorneys, can review.
  3. Put the plan in writing. Agree on the list price, when to adjust it, which repairs to make, who pays carrying costs, and how offers get approved.
  4. Prepare the home. Focus on the updates that return the most at sale, handled by contractors we trust.
  5. Market and show it. Set a showing schedule in advance so neither person feels caught off guard.
  6. Negotiate and close. We keep both sides informed on every offer, and the title company disburses proceeds as your agreement or your attorneys direct.

Divorce and Real Estate Video Library

Short answers to the questions I hear most from separating homeowners. Several feature Matt Weaver of Cross Country Mortgage on the lending side.

What To Do With the House During Divorce

The common mistakes couples make with the house, and how to compare selling, keeping, or waiting.

Watch on YouTube (3:41)

Selling Your Home Due to Divorce

Why selling for the most money benefits both of you, and simple ways to maximize the home's value.

Watch on YouTube (2:19)

Divorce Agreement and Your Mortgage

The house was signed over to your ex. What does that mean for the loan that still has your name on it?

Watch on YouTube (1:12)

Alimony and Your Mortgage

How paying or receiving alimony or child support affects qualifying for your next mortgage.

Watch on YouTube (1:46)

When To Buy a Home After Divorce

How to know when you are ready, financially and practically, to buy your next home.

Watch on YouTube (1:10)

Who Can You Trust During Divorce?

How to build a team you can count on: your attorney, lender, and a neutral real estate advisor.

Watch on YouTube (1:37)

Tips for Selling During Divorce and Other Stressful Situations

A longer conversation with Brian Mudd on making the sale easier, faster, and better for everyone involved.

Watch on YouTube (15:17)

More real estate answers on Lisa Treu on YouTube.

Divorce and Real Estate FAQ

Should we sell the house before or after the divorce is final in Florida?
Either can work. Selling before the divorce is final lets you divide cash instead of a house and shortens the time both names stay on the mortgage. Selling after lets the settlement or court order set the terms. Your attorney can tell you which fits your case; the key is a written agreement on price and process.
Can one spouse sell the house without the other in Florida?
Generally, no. When both spouses are on the deed, both must sign. Even when only one spouse is on the deed, Florida homestead law generally requires the other spouse to join in selling the family home, unless a court orders otherwise.
How is the house valued in a divorce?
Most couples start with a comparative market analysis based on recent Palm Beach County sales, and attorneys sometimes order a formal appraisal. We provide a neutral analysis that both spouses and both attorneys can see, so everyone is working from the same numbers.
Who pays the mortgage while the house is for sale?
Whoever your agreement or temporary court order assigns. Either way, every borrower on the loan stays responsible to the lender until it is paid off or refinanced, so missed payments affect both of you.
Does taking my name off the deed take me off the mortgage?
No. A quitclaim deed removes you from title only. You stay on the loan until the home is sold, the loan is refinanced, or the lender approves an assumption that releases you.
Do we owe capital gains tax when we sell the marital home?
Often not. Each owner may exclude up to $250,000 of gain on a primary home when the IRS ownership and use tests are met, and a spouse who moved out can generally count time when a divorce agreement grants the other spouse use of the home. Confirm your numbers with a CPA.
How soon can I buy a home after a divorce?
As soon as you can qualify on your own. If you plan to use alimony or child support as income, conventional lenders generally want six months of documented receipt and at least three years of continuance. Talking with a lender before you sign the settlement shows you what you can afford next.
Who should I call to sell a house during a divorce in Palm Beach County?
Call a local agent with divorce sale experience who will stay neutral. Lisa Treu and Treu Group Real Estate have served Palm Beach County since 1989 and work with both spouses, both attorneys, and the lender. Reach the team at 561-352-3056.
Can one real estate agent work with both spouses?
Yes. In Florida, licensees are presumed to work as transaction brokers unless another relationship is set up, which fits a neutral role. We represent the real estate decision and keep both of you equally informed.
Do you work with family law attorneys and mediators?
Yes. We regularly coordinate with attorneys, mediators, lenders, and title companies, and we can provide market updates so decisions are made with current Palm Beach County data.

Talk With Lisa Before You Decide About the House

A short, confidential conversation can show you what the home is worth, what each option could net, and what to plan for next. Both spouses are welcome, together or separately.

Call 561-352-3056Book a Private ConsultationSee What the Home Is Worth

Real Estate from a Different Perspective...Yours!

About Lisa Treu

Lisa Treu is the Founder and CEO of Treu Group Real Estate and has helped buyers and sellers since 1989, starting in Palm Beach Gardens and serving Palm Beach County, Martin County, and Northern Broward. She specializes in marketing and negotiation, is a featured host on American Dream TV, and works alongside her partner, broker Steve Treu, CDPE. Read Lisa's full profile.

This page is for general information and is not legal, tax, or financial advice.
Lisa Treu, Founder and CEO | Treu Group Real Estate, FL | Florida Real Estate License SL484511 | 2000 PGA Blvd #4440, Palm Beach Gardens, FL 33408 | 561-352-3056
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