Who Gets The House In A Fort Lauderdale Divorce? Exclusive Possession And Living Arrangements In Broward County.

Last updated on November 12, 2026

When a marriage ends, the question of who keeps living in the family home comes up fast, and it weighs even more when children are involved. Florida law answers it clearly. Who gets to stay in the house during a Florida divorce is a judge’s decision, and a judge removes a spouse only for a compelling reason. Until then, both spouses keep the right to live there. The order that changes this is called exclusive use and possession, and it decides who lives in the house, not who owns it.

At Stuart N. House, P.A., Fort Lauderdale divorce attorney Stuart House helps Broward County spouses understand where they stand. He has handled family law matters since 1991, including hundreds of trials and contested proceedings, and has achieved the AV Preeminent* peer-review rating through Martindale-Hubbell. As your legal counsel, he will explain what is happening in your case and what comes next, so you are not left guessing.

Debunking The Lockout Myth: Florida’s No-Fault Stance On Moving Out And Property Access

If you move out to defuse tension, you do not give up your ownership rights or your share of the home’s equity. In Florida, a home acquired during the marriage is a marital asset divided at the end of the case, regardless of who lives there or whose name is on the deed.

Moving out does not end your right to enter the home, either. Until a judge orders otherwise, both spouses should have equal access. The spouse who stays cannot lawfully change the locks during a Fort Lauderdale divorce to keep the other out. Florida is also a no-fault state, so a court does not treat leaving as misconduct.

However, moving out of the home can carry two practical risks. If you stop paying the mortgage, the court can count that against you in the final division. If you leave and the children stay, the court may treat that as the status quo for time-sharing and be reluctant to disrupt it later.

Winning Exclusive Use: How Broward County Judges Weigh Child Stability And Conflict Levels

Broward County judges generally order exclusive use for two main reasons: to protect the children’s stability or to address conflict that makes shared living unworkable. Ordinary disagreements over money or general incompatibility typically are not enough. Judges weigh factors such as:

• The stability of the children’s home, school and routines
• Special medical or educational needs of a child
• Household conflict severe enough to make shared living unworkable, shown through objective evidence such as police records, text messages or independent witnesses
• The family’s ability to afford two households

The parent with the majority of parenting time often stays in the home during the case, though every case turns on its facts. If the conflict involves violence or threats, a domestic violence injunction offers a separate, faster way to address safety.

Motions For Temporary Relief: Securing Housing And Carrying Costs In The 17th Judicial Circuit

A motion for temporary relief can request the court to decide who pays the mortgage and household bills while the divorce is pending. The same motion can ask for exclusive use and possession of the home.

In the 17th Judicial Circuit, which serves Broward County, spouses generally attempt mediation first, and both submit sworn financial disclosures. If mediation does not resolve the issue, a judge holds a hearing and compares one spouse’s documented need with the other spouse’s ability to pay. The court can then order one of two arrangements:

• Direct payment of the mortgage, insurance and other bills by one spouse
• Temporary support paid to the other spouse, who then pays the bills

Once the case is served, a status quo order can bar either spouse from canceling utilities or insurance, or from draining marital funds.

Splitting Fort Lauderdale Real Estate: Equity Buyouts, Deferred Sales And Partition Actions

Spouses who disagree about the marital home may resolve the issue through negotiation or mediation. If they cannot reach an agreement, the court decides. The resolution typically takes one of three forms:

• Sale or partition: The spouses agree to sell the home – or the court orders a forced sale through a partition action – and divide the proceeds after paying the mortgage.
• Equity buyout: A spouse who wants to remain in the home buys out the other spouse’s interest in its value. The buyer usually must refinance, because a deed transfer alone does not remove the other spouse from the mortgage.
• Deferred sale: The parent with majority time-sharing remains in the home until a set milestone, such as the children reaching adulthood. After that, the spouses sell the home.

In equitable distribution, Florida courts presume a 50/50 split, though the judge may adjust the division based on each spouse’s contributions and circumstances. The children’s needs and the family’s finances often decide which of these outcomes fits.

Talk To A Fort Lauderdale Divorce Lawyer About Your Home

Your future is worth it, and the decisions you make about the house now shape what comes next. Call Stuart N. House, P.A., at 754-732-7482 or fill out this online form to schedule a free 30-minute consultation with attorney House.