Selling the Family Home after Divorce in Miami: The Case of Lantz v. Gibson

When couples divorce in Miami, dividing the family home can be one of the most complicated and emotionally charged issues. A recent Florida appellate decision, Lantz v. Gibson, highlights how unclear settlement agreements can create long-term legal disputes years after a divorce is finalized. The case serves as an important reminder of why working with an experienced Miami divorce lawyer is critical when drafting or enforcing a marital settlement agreement.

Lantz v. Gibson: Case Background

In Lantz v. Gibson, the parties divorced in 2007 and drafted their own marital settlement agreement without detailed legal guidance. The agreement provided that the former wife would pay the mortgage on the marital residence and that the former husband would not contribute to those mortgage payments. It also stated that upon sale of the home, the wife would receive 60 percent of the net proceeds and the husband 40 percent. However, the agreement was silent regarding other expenses such as property taxes, insurance, and maintenance costs.

Years later, when the property was finally placed back on the market and a contract was secured, a dispute arose. The former wife refused to close, claiming she was entitled to credits for expenses she had paid over the years. The former husband filed a partition action. The trial court initially ruled in his favor, concluding that the settlement agreement relieved him of any obligation to contribute to property expenses. On appeal, however, the First District Court of Appeal disagreed. The appellate court clarified that while the agreement addressed mortgage payments, it did not eliminate the husband’s responsibility for other necessary ownership expenses. The case was reversed and remanded for further proceedings.

Lessons Learned from Lantz v. Gibson

This case underscores a key principle of Florida property law: once divorced, former spouses who continue to own property together typically hold it as tenants in common. As tenants in common, both parties are generally responsible for necessary costs of maintaining the property unless their agreement clearly states otherwise.  In addition, the case underscores that selling the family home after divorce in Miami often involves more than simply listing the property. Questions frequently arise about who pays the mortgage pending sale, who is responsible for repairs, how rental income is handled, and how credits are calculated at closing. Without a carefully drafted agreement, disputes can emerge years later, as demonstrated in Lantz v. Gibson.

How an Experienced Miami Divorce Lawyer Can Help You

There is no question that issues that arise post-divorce can be tricky, and having an experienced Miami divorce lawyer on your side can help you both prevent post-divorce issues from happening, and combat them in the event that they do spring up. An experienced Miami divorce lawyer can help ensure that your marital settlement agreement clearly addresses mortgage payments, taxes, insurance, maintenance, rental income, and allocation of sale proceeds. In addition, in the case that you are already facing a dispute over the family home, an experienced Miami divorce lawyer can review the agreement, assess your rights under Florida law, and determine whether you may be entitled to credits or reimbursement.

If you need help with your Miami divorce, or post-divorce matters that arise, do not hesitate to reach out to the experienced Miami divorce lawyers at True North Law, P.A. The experienced Miami divorce lawyers at True North Law, P.A. are here to help individuals in Miami with their complex and challenging divorce and post-divorce issues. Contact True North Law, P.A. today and speak with a lawyer about your case now.

Source:

law.justia.com/cases/florida/first-district-court-of-appeal/2025/1d2024-2148.html