Divorce & Selling Your Orlando Home: Fair, Fast Options (2025) By People’s Industry Investments — Orlando cash buyers & licensed real estate prosHeads-up: general info, not legal or tax advice.

In a Florida divorce, the marital home is usually a marital asset subject to equitable distribution. Your cleanest choices are: (1) sell now and split net proceeds, (2) one spouse buys out the other (refi or cash + lien), or (3) delay sale with a court-ordered use/possession plan (often when minor kids need stability). Title, mortgage liability, and homestead rights must be handled in writing—in the Marital Settlement Agreement (MSA) and final judgment. If you can’t agree, the court can order the sale (and even appoint someone to sign/list if a party refuses). We can give you two numbers—Cash Now vs List to Net—and structure a stress-free closing.

The 3 practical paths (pick based on time, net, and cooperation)

1) Sell now and split the net

Best when: both spouses want a clean break and there’s equity.Why it works: objective outcome, no refinance risk, no lingering “what-ifs.”Key to do:

• Agree on list price, who pays what, and how to handle repair credits.

• Put proceeds split and closing timeline in the MSA; title sends each spouse their share per the closing statement + court order.

• If one spouse is still in the home, define showing access and move-out date.

2) One spouse buys out the other

Best when: one spouse wants to keep the home (schools/kids/roots) and can refinance.How to do it cleanly:

• Valuation (appraisal or two CMAs with a midpoint rule).

• Buyout amount = equity share ± agreed credits (see “credits” section).

• Refinance & release: the keeping spouse refis into their sole name, pays the buyout at closing, and the other spouse signs a deed (e.g., quitclaim) to transfer title.

• If refi won’t close yet, secure the obligation with a recorded equitable distribution/owelty lien and a clear deadline to refi/sell.

3) Delay the sale (temporary exclusive use/possession)

Best when: kids need stability through a school year, rates are expected to fall, or equity is thin right now.Make it safe:

• Spell out who pays mortgage/taxes/insurance/HOA, maintenance standards, re-list trigger date, and default remedies (e.g., automatic listing at an agreed price band).

Getting to fair: valuation + credits playbook

Valuation options (pick one and write it into the MSA):

• Single appraisal with share split on that number.

• Dual CMAs → take the midpoint or require a tiebreaker appraisal.

• Market-test: list at a data-driven price and let the contract price be the value (common when time allows).

Common credits/adjustments (decide them now, avoid fights later):

• Post-separation payments: credit the spouse who carried principal, taxes, insurance, HOA after separation (or treat as support—your attorneys will advise).

• Repairs & capital improvements: credit documented items that increase value or prevent loss (roof, HVAC).

• Use & occupancy: if one spouse had exclusive use, consider an occupancy offset or pro-rated utilities.

• Closing costs: decide who pays what (title policy custom, doc stamps, HOA estoppel, survey, recording, etc.).

• Homestead portability: plan which spouse will claim/port the homestead exemption going forward.

Paperwork that keeps deals from stalling

• MSA (Marital Settlement Agreement): price strategy, who chooses agent, repair/credit rules, occupancy, proceeds split, list-by date, and “tie-breaker” if you disagree later.

• Final Judgment: incorporate the MSA; authorize sale or buyout; specify who can sign and what happens if someone refuses.

• Deed + Mortgage/Release: the spouse leaving title signs a deed; the staying spouse must remove the other from the mortgage (refi), or secure via a recorded lien with a deadline.

• Escrows: allow escrow holdbacks for repairs or HOA/permit issues so the sale funds on time.

Important: Coming off title does not remove you from the mortgage. Only refinancing or a written lender release does that. Put deadlines and remedies in the MSA.

If cooperation fails

• Court-ordered sale: Judge can order listing at a set price/term and appoint a special magistrate/receiver or authorize the clerk to sign if a party won’t.

• Partition (last resort): A separate civil action to force sale; it’s leverage if a stalemate blocks reasonable settlement.

Taxes (talk to your CPA, but plan the basics)

• Capital-gains exclusion: Up to $250k per qualifying seller (ownership + use tests); timing the sale before divorce may allow the $500k joint exclusion if both qualify. After divorce, each spouse may qualify separately.

• Basis & improvements: Keep receipts—basis adjustments reduce taxable gain.

• Form 1099-S: Title will need each seller’s info and splitting instructions.

Quick decision matrix

Situation	Likely best path	Why
Both want out + decent equity	Sell now & split	Fast, objective, no refi risk
One wants to keep + can refi	Buyout	Keeps schools/stability; clears other spouse from loan
Kids in school + thin equity	Delay sale	Stability + time for market/rates
Stalemate / non-cooperation	Court-ordered sale	Judge imposes structure and signatures

Q&A (crisp answers)

Q: Can one spouse sell or list without the other’s signature?A: Not if both are on title—you’ll need both signatures or a court order authorizing signature/substitute signer.

Q: Does giving a quitclaim deed remove me from the mortgage?A: No. Only a refinance or written lender release removes mortgage liability.

Q: How is the buyout amount set?A: Agree on value (appraisal/CMAs/market test), subtract debt, then apply agreed credits (post-separation payments, repairs, etc.).

Q: What if my ex won’t cooperate on showings or repairs?A: Use the MSA to set access rules and a tie-breaker (e.g., agent’s recommendation controls). Courts can order compliance or appoint someone to act.

Q: Can the court make us sell?A: Yes—if equitable distribution requires it, courts can order sale and enforce signatures through appointed representatives.

Sample MSA clauses to discuss with your attorney (editable)

• Agent & Price: “Parties shall list the Property with [Broker/Agent] at [strategy]. If the parties cannot agree on a price change, the Agent’s written recommendation controls.”

• Repairs/Credits: “Only health/safety/insurance-required repairs shall be made pre-closing. Credits not to exceed $____ without mutual written consent.”

• Proceeds Split: “Net proceeds shall be split [%/%] after paying mortgage payoff(s), standard seller costs, and any agreed credits.”

• Refi & Release: “Spouse A shall refinance within days; upon funding, Spouse B shall convey title by [deed]. If refi fails by the deadline, the Property shall be listed within days per Section __.”

• Access & Occupancy: “Showings with 24-hour notice; exclusive occupant maintains utilities/insurance and vacates by [date/time] unless extended in writing.”

(Not legal advice—run language through your attorney.)

Execution with People’s Industry Investments

• Two signed numbers fast: Cash Now (date-certain) vs List to Net (highest potential).

• White-glove coordination: We’ll work with your attorneys on MSA wording, title, payoffs, escrows, and move-out timelines.

• No drama: If listing momentum stalls, you can pivot to our cash offer without restarting.

People’s Industry Investments (Orlando, FL)Cash offers • Realtor services • Land & development