How to Sell Your House During a Divorce in St. Petersburg, FL: A Step-by-Step Guide

Going through a divorce is never easy. Alongside the emotional stress and legal complexities, many couples in St. Petersburg face one major question:
“What do we do with the house?”

For many divorcing couples, the home is the largest shared asset. Deciding whether to sell it, who gets what share, and how fast it can be done—especially if things are tense—isn’t simple. But with the right approach, you can sell your house during a divorce smoothly, fairly, and quickly.

Whether you’re still in the early stages of separation or already in the middle of divorce proceedings, this comprehensive guide will walk you through how to handle the home sale from start to finish.

Why Sell Your House in St. Petersburg Florida During a Divorce?

There are several reasons why couples in St. Petersburg choose to sell their house during or immediately after a divorce:

  • Financial relief from a shared mortgage
  • Equal division of assets
  • Avoiding disputes over who stays or pays
  • Fresh start for both parties
  • Eliminating shared responsibility for taxes, repairs, or maintenance

Holding on to the house can lead to future disagreements—especially if one person doesn’t keep up with mortgage payments or damages the property.

Understanding Florida Divorce and Property Laws

Florida is an equitable distribution state. That means the court doesn’t necessarily split everything 50/50—it divides marital property fairly based on circumstances.

The house is typically considered marital property if:

  • It was purchased during the marriage
  • Both spouses’ names are on the deed or mortgage
  • Funds from a joint account paid for it

If only one spouse owned the home before marriage, things can get complicated—especially if mortgage payments, renovations, or taxes were shared.

When selling, both parties must agree to the sale terms, or a judge may order the sale and division of proceeds if there’s a dispute.

Step-by-Step Guide to Selling Your Home During Divorce

Let’s break down the process.

✅ Step 1: Agree on the Sale

It might seem obvious, but the first and biggest step is agreeing to sell. Even if the divorce isn’t finalized yet, both spouses must consent to the sale, unless the court intervenes.

This is a good time to decide:

  • Will both of you work with a real estate agent?
  • Who will live in the house until it’s sold?
  • Who will maintain it and pay utilities or mortgage?
  • How will you split proceeds?

Tip: Put everything in writing or include it in your divorce settlement agreement to avoid disputes later.

✅ Step 2: Choose the Right Selling Method

You’ve got several options depending on your situation and urgency:

🏡 Traditional Listing with a Realtor

Ideal if: You have time, the home is in good condition, and both parties can cooperate.

Pros:

  • Potentially higher sale price
  • Wide buyer exposure
  • Guidance through negotiations

Cons:

  • Takes longer (average 30–60 days on market)
  • Requires cooperation for showings, repairs, and paperwork

💰 Sell As-Is to a Cash Buyer

Ideal if: You want a fast, no-hassle sale—especially if emotions are high.

Pros:

  • No cleaning, staging, or repairs
  • Close in as little as 7–14 days
  • Cash offers with fewer contingencies

Cons:

  • Lower than market value (but saves on commissions, repairs, and holding costs)

🔁 One Spouse Buys Out the Other

Ideal if: One person wants to keep the home and can refinance.

Pros:

  • No public sale or moving
  • Simpler asset division

Cons:

  • Must qualify for mortgage refinancing
  • Potential disagreements on home’s value

✅ Step 3: Get the Home Ready to Sell

If you’re going the traditional route, you’ll need to:

  • Clean and declutter
  • Handle minor repairs
  • Stage the home to make it appealing
  • Price it competitively with a local real estate agent

But if you’re aiming for a quick, as-is sale, there’s no need for all that. Most cash buyers purchase homes in any condition, whether they’re outdated, inherited, or even partially damaged.

✅ Step 4: Handle the Legal and Financial Details

Make sure your divorce attorney or mediator is involved in all financial decisions tied to the sale.

Important considerations:

  • How will sale proceeds be split?
  • Will one party pay more of the existing mortgage?
  • Are there liens or second mortgages involved?
  • How will taxes or capital gains be handled?

Florida law requires both spouses to sign the deed or approve the transaction if both names are on the title.

A title company can guide you through the paperwork and make sure all legal requirements are met.

Can the Court Force a Sale?

Yes—if one spouse wants to sell and the other refuses, the court can order the home sold and divide the proceeds.

This happens more often than you’d think, especially if:

  • Neither spouse can afford the mortgage alone
  • There’s no agreement on who keeps the house
  • There’s significant equity to divide
  • The house is in foreclosure

Selling can be the cleanest and fairest solution, allowing both people to walk away with cash and start fresh.

How Fast Can You Sell During Divorce in St. Pete?

If you’re selling to a cash buyer, expect:

  • Offer within 24–48 hours
  • Close in 7–14 days
  • No repairs, inspections, or financing delays

If you list traditionally:

  • 30–60 days on market
  • Another 30–45 days to close
  • Possible delays due to buyer financing or inspection repairs

The choice comes down to your goals: speed vs. price.

What If the House Is Underwater?

If you owe more on your mortgage than the house is worth, you’ll need to explore:

  • Short sale: Requires lender approval to sell for less than the balance owed.
  • Foreclosure alternatives: Some homeowners agree to a deed in lieu of foreclosure.

Divorce doesn’t cancel debt. The lender can pursue either spouse for unpaid balances if both are on the loan.

St. Pete Neighborhoods Where Divorce Sales Happen Frequently

Some areas in St. Petersburg where divorce-related home sales are common include:

  • Shore Acres
  • North Kenwood
  • Historic Old Northeast
  • Lakewood Estates
  • Disston Heights

These neighborhoods often see active real estate markets, making it easier to sell quickly—especially with a flexible buyer.

Final Thoughts: Selling a Home During Divorce Doesn’t Have to Be Complicated

Divorce is emotional. Selling your home doesn’t have to be.

With the right plan, clear communication, and professional support, you can:

  • Sell the house quickly
  • Split the proceeds fairly
  • Avoid legal battles
  • Start fresh financially and emotionally

Whether you want to list it on the open market or sell directly for cash, the most important thing is that you make a decision that protects your peace of mind and future stability.