How Divorce Property Sales Work in Florida
Florida is an equitable distribution state — not community property. That means the Duval County Family Court (4th Judicial Circuit) divides marital assets fairly, but not necessarily 50/50. The family home, if purchased or improved during the marriage, is almost always classified as a marital asset regardless of whose name is on the deed.
In a contested divorce, the house often becomes the biggest point of conflict. One spouse may want to keep it, the other may want to sell, and neither wants to give ground. Meanwhile, the mortgage, property taxes, insurance, and maintenance keep draining both parties' finances. Duval County's 4th Judicial Circuit processes thousands of dissolution of marriage filings annually, with contested cases typically taking 8-14 months from petition to final judgment — that's 8-14 months of carrying costs on a home neither party may want. At Jacksonville's average monthly carrying cost of $1,800-$2,500 (mortgage, taxes, insurance on a median-priced home), that's $14,400-$35,000 spent maintaining a disputed asset.
Florida law requires a mandatory 20-day waiting period after filing before a divorce can be finalized, and most cases in Jacksonville take significantly longer due to court scheduling. A fast cash sale on the home can be completed while the divorce is pending, with proceeds held in escrow or distributed per a marital settlement agreement. This removes the most contentious asset from the equation early, which often accelerates the overall settlement.
Why a Cash Sale Makes Divorce Easier
Listing a house during a divorce creates friction at every stage. Both spouses need to agree on the listing price, the agent, the repairs, the showing schedule, and ultimately the buyer's offer. When communication between parties is already strained — or going through attorneys — every one of those decisions becomes a negotiation.
A cash offer simplifies everything to a single number. We make one offer based on Jacksonville market comps. Both parties review it. If the number works, we move to closing. There are no showings for strangers walking through the home, no open houses, no repair negotiations, and no risk of a buyer's financing falling through at the last minute — which happens in roughly 1 in 7 traditional sales.
The process is also discreet. There's no yard sign, no MLS listing, no public record of a sale price until closing. For many couples in Jacksonville neighborhoods like San Marco, Riverside, or Ponte Vedra-adjacent communities where everyone knows everyone, that privacy matters. Learn about our three-step process.
We also work directly with both parties' attorneys to ensure the sale terms align with the divorce settlement. Proceeds can be split at the title company per whatever agreement is in place — equal split, offset against other assets, or any other arrangement the parties agree to.
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The Financial Math: Cash Sale vs. Traditional Listing
Consider a $280,000 home in the San Marco area (32207) with a $200,000 mortgage balance. In a traditional sale, you'd pay roughly 6% ($16,800) in agent commissions, 2% ($5,600) in closing costs, and potentially $5,000-$15,000 in repairs and staging to get the home market-ready. After 52 days on market (Jacksonville average) plus 30-45 days to close, each spouse nets approximately $21,000-$26,000.
With a cash sale, you pay zero commissions, zero closing costs, and zero repair expenses. Even if our offer is slightly below full retail, the net-to-seller is often comparable — and you get it in 7-14 days instead of 3-4 months. During a divorce, when both parties are likely maintaining separate households, those months of saved mortgage payments ($1,200-$2,500/month in many Jacksonville neighborhoods) add up fast.
If you're also behind on mortgage payments because one party moved out and the remaining income can't cover the full payment, the urgency increases. A cash sale stops the bleeding before a missed payment becomes a foreclosure filing.
What to Expect When You Work With Us
One Conversation — Both Parties Welcome
Call us or fill out the form. We can work with both spouses directly, or through your respective attorneys. We'll explain our process and ask basic questions about the property and your timeline.
A Fair Number Both Parties Can Review
Within 24 hours, you'll receive a written cash offer based on Jacksonville-area comparable sales. Both parties review independently. No pressure from us — take the time you need.
Close and Split the Proceeds
We close at a neutral Jacksonville title company. Proceeds are distributed per your marital settlement agreement or court order. You both walk away with cash and can focus on what's next.
Frequently Asked Questions
Yes, with both parties' written consent. In fact, many Jacksonville divorce attorneys recommend selling the marital home early in the process to simplify asset division. The sale proceeds can be held in escrow by the title company until the settlement agreement specifies how to divide them. We work with both parties' attorneys to ensure everything is handled correctly.
If one party wants to sell and the other doesn't, the Duval County Family Court can order the sale as part of the equitable distribution process. This takes time and requires a motion to the court. If you're at this stage, we can still provide an offer that both attorneys can use as a reference point in negotiations. Having a concrete number often helps move things forward.
We don't determine the split — that's between you, your spouse, and your attorneys. At closing, the Jacksonville title company distributes funds according to whatever written agreement or court order is in place. We've handled 50/50 splits, offset arrangements, and court-ordered distributions. The title company handles the accounting.
The sale itself will be recorded with the Duval County Clerk of Courts — that's required by law for any property transfer. However, there's no public listing, no MLS entry, no yard sign, and no open houses. Your neighbors won't know until the deed records, and most people never check those records. It's as private as a real estate transaction can legally be.
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