Florida Statutes
Fla. Stat. § 61.077 (2025)
Determination of entitlement to setoffs or credits upon sale of marital home.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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61.077 Determination of entitlement to setoffs or credits upon sale of marital home.—A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale. In the absence of a settlement agreement involving the marital home, the court shall consider the following factors before determining the issue of credits or setoffs in its final judgment:
(1) Whether exclusive use and possession of the marital home is being awarded, and the basis for the award;
(2) Whether alimony is being awarded to the party in possession and whether the alimony is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(3) Whether child support is being awarded to the party in possession and whether the child support is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(4) The value to the party in possession of the use and occupancy of the marital home;
(5) The value of the loss of use and occupancy of the marital home to the party out of possession;
(6) Which party will be entitled to claim the mortgage interest payments, real property tax payments, and related payments in connection with the marital home as tax deductions for federal income tax purposes;
(7) Whether one or both parties will experience a capital gains taxable event as a result of the sale of the marital home; and
(8) Any other factor necessary to bring about equity and justice between the parties.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1999–2024 · leading case: Silverman v. Silverman, 940 So. 2d 615 (Fla. 2d DCA 2006).
Silverman v. Silverman, 940 So. 2d 615 (Fla. 2d DCA 2006). “NOTES [1] Section 61.077, Florida Statutes, was enacted in 1997.”
Cardella-Navarro v. Navarro, 992 So. 2d 856 (Fla. 3d DCA 2008). “" § 61.077, Fla. Stat. (2008). See also Holitzner v.”
McCarthy v. McCarthy, 922 So. 2d 223 (Fla. 3d DCA 2005). “Furthermore, Section 61.077, Florida Statutes, which establishes the criteria for determination of entitlement to setoffs and credits upon the sale of a marital home, does not authorize a rental credit to the out-of-possession co-tenant during the use of the marital home for the…”
Todd v. Todd, 734 So. 2d 537 (Fla. 1st DCA 1999). “Appellee responds that the statutory clarity of section 61.077, Florida Statutes (1997), obviates any duty of the circuit court to restate statutory absolutes.”
Holitzner v. Holitzner, 920 So. 2d 827 (Fla. 4th DCA 2006). “§ 61.077, Fla. Stat. (2005). Therefore, we remand to the trial court to address the issue of whether the wife is entitled to any credits or set-offs upon the sale of the marital home.”
Green v. Green, 16 So. 3d 298 (Fla. 1st DCA 2009). “The trial court’s authority to consider the equities of the situation in this partition action existed long prior to the enactment of section 61.077, Florida Statutes (1997), and Appellee/Cross-Appellant's argument on cross-appeal that section 61.”
Salazar v. Giraldo, 190 So. 3d 248 (Fla. 5th DCA 2016). “Section 61.077, Florida Statutes (2015), provides: A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts…”
Wolf v. Wolf, 979 So. 2d 1123 (Fla. 2d DCA 2008). “Further, section 61.077, Florida Statutes (2003), states that a party to a dissolution action is precluded from receiving any credits or setoffs upon the sale of the marital home unless "the parties' settlement agreement, final judgment of dissolution of marriage, or final…”
Caine v. Caine, 152 So. 3d 860 (Fla. 1st DCA 2014). “Because the trial court’s order did not reflect that it considered (i) the factors in section 61.077, Florida Statutes (2010) when it denied the appellant’s request for a set off of the amount of the fair rental value of the former marital home and (ii) evidence of the…”
Hernandez v. Hernandez, 58 So. 3d 313 (Fla. 5th DCA 2011). “Finally, there is nothing in the record regarding any credits to which Husband may be entitled for his mortgage payments on the marital home, pursuant to section 61.077, Florida Statutes (2007). We reverse that part of the Final Judgment regarding the amounts of rehabilitative…”
Swergold v. Swergold, 82 So. 3d 1148 (Fla. 4th DCA 2012). “Section 61.077, Florida Statutes (2008), provides: A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts…”
Udell v. Udell, 950 So. 2d 528 (Fla. 4th DCA 2007). “However, in a Joint Pretrial Statement, Glenn Udell requested "a reasonable rental value and or set-off as determined by the statutory factors set forth F.S. 61.077 for the wife's exclusive use of the marital home since the date of the separation.”
— 61.077(1) — 1 case
McCarthy v. McCarthy, 922 So. 2d 223 (Fla. 3d DCA 2005). “Furthermore, Section 61.077, Florida Statutes, which establishes the criteria for determination of entitlement to setoffs and credits upon the sale of a marital home, does not authorize a rental credit to the out-of-possession co-tenant during the use of the marital home for the…”
— 61.077(2) — 1 case
Sweet v. Sweet, 993 So. 2d 91 (Fla. 2d DCA 2008).
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