Determining who gets the marital home is often one of the most contentious issues in a Florida divorce. If there are children involved, a court will normally allow the spouse who has physical custody of the children to keep the home. When a couple with no minor children divorces, a judge's decision about who gets the house might be more difficult.
In cases where one of the spouses paid for the house with their own separate funds, the house will legally belong to them. Money that is considered separate funds would have to have been acquired prior to the marriage or through an inheritance. If one spouse can prove that the house was paid for with separate funds, they can then order the other spouse to leave the premises.