New Sunbridge Home in a Divorce: What to Know

Here’s the part that surprises most people. It doesn’t matter whose name is on the deed. If you bought your new construction home in Sunbridge while you were married, Florida law almost certainly treats it as a marital asset.

That’s true even if only one spouse signed the contract. It’s true even if one spouse picked the lot, chose the upgrades, and handled every detail with the builder. A Divorce Attorney St. Cloud residents rely on can walk you through Florida Statute 61.075, which classifies marital assets as pretty much everything acquired during the marriage. When it comes to new construction, the source of the money matters less than the timing of the purchase.

What “Marital Asset” Actually Means for Your Home

A marital asset doesn’t mean you’ll lose the house. It means the home’s value gets folded into the overall property division. Florida uses equitable distribution, not a 50/50 split. A court looks at fairness based on your specific situation.

So what does the court consider? Several things come into play:

How long the marriage lasted
Each spouse’s financial contributions to the home
Whether one spouse gave up career opportunities for the family
The economic circumstances of both parties after the divorce

We see this come up constantly with Kissimmee families who bought in newer communities like Sunbridge or Tohoqua. They closed on a brand-new build, put down $30,000 from a joint savings account, and now they’re wondering who keeps it. Both spouses have a claim to its value. That’s the short answer.

But What If I Used My Own Savings?

This is where things get tricky. Say you had $50,000 saved before the wedding. You used that money as the down payment on your Sunbridge home after you got married. You might think that $50,000 stays yours. Sometimes it does. But you’d need to trace those funds clearly back to a premarital source.

Most people can’t do that cleanly. The money gets mixed into joint accounts over time and loses its separate character. Courts call this “commingling.” Once premarital funds blend with marital funds, proving what belongs to whom gets really hard.

And here’s what catches people off guard. Even if you can prove the down payment was separate property, any increase in the home’s value during the marriage is likely still marital. So if your Sunbridge home appreciated $40,000 since closing, that appreciation typically belongs to both spouses.

New Construction Adds a Wrinkle

Brand-new homes in growing Kissimmee communities often gain equity fast. Builder upgrades, lot premiums, and rising neighborhood demand can push your home’s current market value well above what you paid. That gap between purchase price and today’s value becomes a central number in your divorce case.

We’ve worked with clients who assumed their home hadn’t changed much in value because they just bought it a year ago. Then the appraisal comes back $35,000 higher. That’s real money on the table during property division.

One more thing people miss. If you’re still making mortgage payments during the divorce process, those payments typically come from marital income. That means both spouses are building equity in real time, even while the case is open.

A home purchased during your marriage belongs to the marriage in the eyes of Florida law. Your next step is understanding how it gets divided, and that depends on your unique financial picture.

New Construction Contracts Create Marital Assets Before the Deed Even Exists

Here’s something most people don’t realize. You don’t need a deed to own a marital asset. The moment you and your spouse signed that new construction contract in Sunbridge, you likely created one.

A purchase agreement is a binding contract. It has real value. Even if the builder hasn’t poured the foundation yet, that contract gives you the right to buy a specific home at a specific price. Florida courts treat that right as property. And if you signed it during your marriage, it’s almost certainly a marital asset subject to division.

The Contract Itself Has Value

Think about what happened the day you signed. You locked in a purchase price. You picked a lot. You may have chosen upgrades like quartz countertops or an extended lanai. Every dollar you put toward the deposit came from somewhere, usually a joint bank account or marital funds.

That deposit isn’t just sitting in escrow doing nothing. It represents your stake in the deal. If your home’s market value has gone up since you signed, the contract itself may be worth more than what you paid into it. We see this with new builds in communities east of Kissimmee, where values can shift between contract signing and closing, sometimes by more than people expect.

No deed in hand. Still real money on the table.

Marital Funds Make It Marital Property

Florida is an equitable distribution state. Courts divide marital assets fairly, not necessarily 50/50. Under Florida Statute 61.075, any asset acquired during the marriage using marital funds is presumed to be marital property.

It doesn’t matter whose name is on the contract. If the deposit came from a joint checking account, both spouses have a claim. If one spouse used income earned during the marriage, that’s still marital money. The source of the funds matters more than the name on the paperwork.

But what if one spouse used an inheritance for the deposit? That gets complicated fast. Inherited money can be non-marital, but only if it was kept separate and never mixed with joint funds. The second that inheritance hits a shared account, tracing it becomes a real challenge. The IRS also addresses how property ownership and transfers affect taxes during a divorce — the tax rules for divorced individuals cover key details about home sales and basis that can affect your financial outcome.

Upgrades and Change Orders Add Layers

New construction in Sunbridge often involves upgrades. Maybe you added a third-car garage. Maybe you upgraded the flooring throughout the home. Each change order increases the contract’s total value.

Every upgrade paid with marital funds deepens both spouses’ interest in the property. We’ve worked with clients who assumed only the spouse who picked the upgrades had a claim to them. That’s not how it works. The money source determines ownership, not who chose the tile pattern.

Here’s a scenario we’ve seen play out. A couple signs a contract for a new build. Over the next eight months, they add $40,000 in upgrades. Then one spouse files for divorce before closing. Now there’s a contract worth more than the original price, all of it funded with marital dollars. Both spouses have a legal interest in that entire package.

And don’t forget earnest money deadlines. Walking away from the contract might mean losing your deposit entirely. That lost deposit? Still a marital loss both parties share.

Your new construction contract created a marital asset the day you signed it. The home itself is almost secondary to the financial rights that contract represents. If you’re facing a divorce before closing, understanding this distinction early can save you thousands.

Florida’s Equitable Distribution Standard Determines How the Home Gets Divided

Florida is not a 50/50 state. That surprises a lot of people.

Under Florida Statute 61.075, courts use “equitable distribution” to divide marital property. Equitable means fair. It doesn’t always mean equal. A judge looks at the full picture of your marriage before deciding who gets what. And a new construction home in Sunbridge adds layers that many couples don’t expect.

Here’s how it works in practice. If you and your spouse bought the home during the marriage using marital funds, the court considers it a marital asset. That’s true even if only one name is on the deed. It’s also true if one spouse handled all the payments. The timing of the purchase and the source of the money matter more than whose name appears on paperwork.

What the Court Looks At

Judges in Kissimmee don’t just split things down the middle and call it a day. They weigh several factors before dividing property:

How long the marriage lasted
Each spouse’s financial situation and earning ability
Each spouse’s contributions to the marriage, including homemaking
Whether either spouse interrupted a career for the family
The desirability of keeping the home for minor children

So if one spouse stayed home to raise kids while the other earned the income that paid the Sunbridge mortgage, both contributions count. We see this come up constantly in our work. People assume the breadwinner has more claim to the house. That’s not how Florida law sees it.

New Construction Creates Unique Valuation Questions

A brand-new home in a growing community like Sunbridge near Kissimmee isn’t the same as a resale property. You might have paid for upgrades during the build. Custom cabinets, a screened lanai, impact windows. Those choices added value. They also complicate the math.

The court needs to know the home’s current fair market value. But with new construction, there’s often a gap between what you paid and what the home appraises for today. Sunbridge is still developing. Home values in that area have shifted as new phases open and amenities come online. An appraisal done six months ago might not reflect today’s number.

Most people don’t realize this until they’re already deep into the process. Getting a current, accurate appraisal early saves time and arguments later.

What If One Spouse Wants to Keep the Home?

This is the question we hear most often. One person loves the neighborhood. The kids are settled. Leaving feels impossible.

If one spouse wants to stay, they typically need to buy out the other spouse’s share of the equity. That means refinancing the mortgage into one name alone. And qualifying for that loan on a single income. For a newer home in Sunbridge with a recent purchase price, the equity might be slim. Or it could be growing fast depending on market conditions.

But here’s the thing. If neither spouse can afford the home alone, the court may order a sale. The proceeds then get divided according to the equitable distribution standard. It’s not the outcome anyone hopes for, it’s a real possibility that deserves honest planning.

A scenario we’ve walked through with clients: a couple bought during construction, closed eight months ago, and now one spouse wants out. The home appreciated roughly four percent since closing. That small equity cushion changes the entire negotiation. Knowing that number early gave both sides clarity.

If you’re trying to understand how equitable distribution applies to your specific situation in Kissimmee, talking with someone who handles these cases locally makes a real difference. You can learn more about how we help on our main divorce and property division page.

Talk to a Divorce Attorney in St. Cloud Today

Shawn Hungate has been helping families in St. Cloud, Kissimmee, and all of Osceola County since 1997. He has filed cases at that Kissimmee courthouse more times than he can count. He knows this area, he knows that building, and he knows how to get cases across the finish line without making things harder than they need to be.

He is straight with his clients. He tells you what is actually going to happen, not what you want to hear. He answers his calls. He explains things in plain language. And he treats every person who walks through his door like their case matters — because to him, it does.

Start with a free consultation. You will walk away knowing where your case gets filed, what documents you need, and exactly what comes next. No pressure. No obligation.

Hungate Law Firm, P.A. 122 S Rose Ave, Kissimmee, FL 34741 Phone: (407) 846-1529 Website: https://hungatelaw.com

About the Author

Shawn Hungate

Shawn Hungate is a dedicated family law attorney specializing in uncontested divorce cases in Kissimmee and Osceola County. With extensive experience navigating Florida’s legal landscape, Shawn helps clients achieve amicable resolutions efficiently, often minimizing or eliminating the need for court appearances. His practice focuses on providing clear guidance and meticulous preparation to ensure a smooth and stress-free divorce process for his clients.