Divorce and foreclosure together is one of the most financially and emotionally difficult situations a homeowner can face. In Hillsborough County, both the 13th Judicial Circuit Family Law Division and the foreclosure court are active simultaneously — and they operate on completely separate tracks.
The most important thing to understand: the lender does not care about your divorce. The mortgage must be paid, or the foreclosure proceeds. This guide explains your options, your rights, and how to navigate this in Hillsborough County.
The Mortgage vs. The Divorce Decree — Two Separate Worlds
This is the most critical concept for divorcing homeowners in Hillsborough County to understand: a divorce decree is a court order that controls the rights between you and your spouse. It is not binding on your mortgage lender.
When a Hillsborough County family court judge orders your spouse to be responsible for the mortgage, that order only applies to your spouse. The lender — who is not a party to the divorce — can still hold both of you liable for the full debt and foreclose on the home if payments are not made. Your remedy against a spouse who violates a court order is a contempt petition — but in the meantime, your credit and your home are at risk.
This is why resolving the home — through a sale, assumption, or refinance — during the divorce is almost always better than leaving both names on the mortgage.
Options for Your Hillsborough County Home During Divorce
Option 1: Sell the Home and Split the Proceeds
Selling is often the cleanest resolution. Both spouses are removed from the mortgage, any equity is distributed according to the settlement, and neither party carries the ongoing risk of the other failing to make payments.
A pre-foreclosure sale during divorce requires both spouses to cooperate on signing. If one spouse refuses, the other can petition the family court for an order compelling the sale. Hillsborough County family court judges have the authority to order the home sold and will appoint a special magistrate if needed.
Option 2: One Spouse Buys Out the Other and Refinances
If one spouse wants to keep the home, they can agree to buy out the other's equity interest and refinance the mortgage in their name alone. This removes both parties from the joint mortgage obligation. The buyout amount is calculated based on the home's appraised value minus the mortgage payoff and closing costs, divided by the agreed ownership percentage.
This only works if the buying spouse can qualify for a new mortgage on their own — which depends on their income, credit, and debt-to-income ratio post-divorce.
Option 3: Short Sale During Divorce
If the home is underwater and neither spouse can afford to keep it, a short sale resolves the mortgage for less than what is owed. Both spouses must authorize the short sale — both signatures are required on lender documents. A negotiated short sale should include a written deficiency waiver so neither spouse faces a subsequent lawsuit for the remaining balance.
Short sales during divorce are manageable with clear communication and a REALTOR experienced in distressed properties. Barrett Henry has handled short sales for divorcing couples throughout Hillsborough County and can coordinate with both parties' attorneys.
Option 4: Deed in Lieu During Divorce
A deed in lieu of foreclosure during divorce requires both spouses to sign the deed transfer to the lender. Like a short sale, both parties must cooperate. The lender must agree in writing to waive the deficiency. This option makes sense when neither spouse wants the home, there is no equity, and no buyer can be found.
What Happens if the Foreclosure Is Already Filed During Divorce
If the lender has already filed a foreclosure lawsuit while you are going through a divorce in Hillsborough County, both spouses are typically named as defendants. The 20-day answer deadline applies to both. Filing an answer contests the foreclosure and keeps your options open — it does not stop the foreclosure permanently, but it prevents a quick default judgment.
The family court can order that the foreclosure be addressed as part of the divorce proceedings. An attorney representing you in both the divorce and the foreclosure creates the most coordinated defense. Bay Area Legal Services may be able to help qualifying low-income homeowners.
Quit Claim Deeds During Divorce — What You Must Know
A quit claim deed transfers your ownership interest in the property — but it has absolutely no effect on the mortgage. Signing a quit claim deed gives up your right to any equity in the home, but you remain fully liable for the mortgage debt.
If your spouse receives the home via quit claim deed in the divorce and then stops making payments, the bank can still sue you and foreclose — even though you no longer own the property. Never sign a quit claim deed without:
- Getting a written commitment from your spouse to refinance the loan in their name only, with a hard deadline
- Having your attorney confirm the timeline and consequences in writing
- Understanding that until the refinance closes, you are still fully liable
Protecting Yourself During Hillsborough County Divorce and Foreclosure
- Keep making mortgage payments if possible— even if it is your spouse's turn. The damage to your credit from non-payment is real.
- Monitor the foreclosure case at hillsclerk.com — do not rely on your spouse to keep you informed.
- Get independent legal advice — a family law attorney who understands real estate can protect your interests in both proceedings.
- Work with a HUD counselor — they can help you apply for loss mitigation even during divorce.
Get Help Now
Barrett Henry works with Hillsborough County homeowners in divorce and foreclosure situations — including short sales that require both spouse's cooperation and pre-foreclosure sales that must close on a tight timeline. He can coordinate with attorneys, work around adversarial situations, and help both parties reach an outcome that works.
- Free consultation: (813) 733-7907
- Bay Area Legal Services: baylegal.org
- HUD Counseling Hotline: (800) 569-4287
- Hillsborough Clerk case search: hillsclerk.com
Dealing with divorce and foreclosure at the same time? Contact us today — we handle these situations with discretion and experience, and the consultation is always free.
