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LJN NewslettersNewsSectionsThe Matrimonial Strategist

Real Estate Considerations in Divorce

BY Gary M. Kaleita
December 27, 2012

While every divorce has its own unique issues and challenges, most separating couples face the same problems relating to the disposition of the former marital home. If real property issues are not thoroughly considered during divorce proceedings, financial and emotional problems could linger for years after the divorce is final. This article highlights several important issues that everyone who is going through a divorce or who is recently divorced should consider with regard to the disposition of marital real property, and offers some tips on how to address them. It is important to note that the information contained in this article is based on Florida law, so practitioners should consult the applicable laws governing their jurisdictions regarding these issues.

Types of Ownership

In Florida, there are three types of concurrent ownership of real property that can result when two people own real property together: a joint tenancy, a tenancy in common, and a tenancy by the entirety. Each type of ownership has different attributes. A married couple that acquires real property in Florida will automatically own the property as “tenants by the entirety” unless they specify otherwise. In a tenancy by the entirety, each, the husband and wife, is deemed to own the entire property. Only legally married spouses can own property in this manner. If two people own property together but are not married (including after the marriage has been dissolved), they can only own property as tenants in common or joint tenants (the attributes of these types of ownership are further distinguished below).

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