A Neutral Cash Buyer When the Marital Home Has to Go

Home › Partner With Us › Divorce Attorneys & Mediators · Updated October 25, 2026

Family law professionals know the pattern. The parenting plan is close, the retirement accounts have a QDRO path, and the case stalls on the house. One spouse wants to keep it but cannot qualify alone. The other wants it listed yesterday. Nobody agrees on the repairs, the price, who mows the lawn while it sits on the market, or whose name goes first on the listing agreement. Every one of those disagreements becomes another email, another hearing request and another billable hour your client did not budget for.

Libera Capital Group is a Florida cash buyer of houses and improved commercial property, based in Fort Myers with Southwest Florida as our home market. This page is written for the professionals around a divorce — litigators, collaborative attorneys, certified family mediators, financial neutrals and divorce coaches — and explains exactly what we provide, what we do not do, and how a referral moves from first call to a funded closing. If you are a spouse looking for the homeowner’s version, our guide to selling a house during a divorce in Florida covers the seller side in plain language.

We are not a substitute for your judgment about whether a sale, a buyout or a listing best serves your client. A cash offer is one data point. Sometimes it settles the house issue in a week; sometimes it simply shows both parties what the as-is floor looks like so they can negotiate a listing or buyout with realistic expectations. Either outcome moves the case forward.

Why Do Divorce Attorneys and Mediators Work With Libera Capital Group?

Where Does a Cash Sale Fit in a Florida Dissolution Case?

We see referrals at four distinct points in a case, and the contract looks a little different at each one.

Early in the case, by agreement

Sometimes both spouses already know the home must be sold — neither can afford it alone, or both want a clean break. If both titleholders sign (and, for a homestead, the non-titled spouse joins as required), a sale can proceed while the rest of the case continues. Counsel typically documents an interim agreement on how the net proceeds will be held. Our role is to deliver an offer quickly enough that the parties do not start fighting over carrying costs.

At mediation

Mediation sessions frequently stall when one side believes the house is worth far more than the other does. A written cash offer obtained before the session gives the mediator a concrete reference point. It is not an appraisal, and we say so in writing, but it is a real, executable number with proof of funds behind it. Parties can then decide whether to accept it, use it as a floor for a buyout, or list the home knowing the as-is alternative.

After a final judgment orders a sale

Many marital settlement agreements say the home “shall be listed and sold” but leave out the mechanics. Months later the home is still sitting, the price is stale and the parties are back in court on an enforcement motion. A cash contract can be a practical way to comply with the judgment’s intent when the listing route has failed. Counsel should confirm that a direct sale is consistent with the language of the agreement or obtain clarification from the court.

Post-judgment disputes and refinance failures

The most common post-judgment call we get: one spouse was awarded the house on the condition that they refinance the other spouse off the mortgage within a set period, and the refinance never happened. Rates, credit and insurance costs in Florida have made that condition harder to meet. When the deadline passes, the agreement often requires a sale. We can move quickly, which matters to the spouse whose credit is still tied to a loan they no longer control.

What Do We Put in Writing for Counsel and Mediators?

Family law files run on documents, so we try to produce the ones that are genuinely useful and none that create confusion.

• A written offer letter stating the price, the earnest money deposit, the proposed closing window and every contingency. It explains in plain terms that it is a purchase offer from a buyer acting for its own account — not an appraisal, broker price opinion or valuation for equitable distribution purposes.
• A summary of how we reached the number, if counsel wants one: the comparable sales we looked at, our repair estimate by category and the carrying and resale costs we assumed. Our page on how we calculate our offer describes the method in detail.
• Proof of funds so neither party has to take our word for it.
• A contract with case-specific contingencies — for example, closing conditioned on execution of the marital settlement agreement, entry of the final judgment, or an order authorizing the sale. Your client’s own attorney reviews and negotiates it.
• The title company’s contact information early in the process, so counsel can coordinate payoff letters, lien searches and escrow instructions directly with the closing agent.
• A draft settlement statement before closing, showing the gross price, payoffs, prorations and net proceeds, so counsel can confirm the numbers match the agreement.

Mediators sometimes ask whether our offer letter can be shared with both parties during caucus. Yes — we prefer that. We write it assuming both spouses will read it.

What we deliberately do not provide

We do not give either spouse advice about whether to accept, how to divide proceeds, tax consequences or what the property is “really worth” for equitable distribution. If a party needs a valuation for the case, they should get one from a licensed appraiser. If they need tax guidance about the sale — the home-sale exclusion, basis, or the treatment of a rental — that belongs with a CPA, and our page for CPAs and 1031 intermediaries explains how we coordinate with tax advisors without offering tax advice ourselves.

What Happens When One Spouse Won’t Cooperate With the Sale?

This is the call we get most often from litigators, so here is how we handle it.

We will not pressure the reluctant spouse

We do not show up at the door, call the non-cooperating spouse repeatedly or try to “work around” their attorney. If a party is represented, we communicate through counsel. A sale that one titleholder signs under pressure is a sale that gets challenged, and nobody — least of all the buyer — benefits from that.

A contract can be signed by one side first

Where it helps, we can sign a contract with the cooperating spouse that is expressly conditioned on the other spouse’s joinder or a court order. That gives counsel something concrete to attach to a motion: an executable, as-is offer from a funded buyer with a defined closing window. Whether that is strategically wise in a particular case is your call, not ours.

Court-ordered sales and partition

Florida courts have tools to deal with jointly owned property when the owners cannot agree, including ordering a sale as part of equitable distribution and, in some situations, a partition proceeding. The mechanics — who signs the deed, whether a commissioner or other officer is involved, and how proceeds are paid into the registry or escrow — depend on the order. Send us the order or proposed order and we will structure our contract and the title company’s requirements around its exact wording.

When the reluctant spouse lives in the home

We buy occupied property. If the occupying spouse will leave by a date in the judgment, our contract can set closing or possession after that date. If they will not leave, the issue is one for the court, and we will wait for that resolution rather than take possession over a party’s objection.

How Do We Handle Occupancy, Children, Contents and Safety?

A divorce sale is rarely just a real estate transaction. The details below are where many listings go sideways, and where an as-is buyer can make life easier for everyone involved.

One walkthrough, scheduled through counsel

We typically need a single visit — sometimes two for larger or commercial properties — instead of weeks of showings, open houses and buyer inspections. The visit can be arranged at a time when the children are at school, when the occupying spouse prefers not to be home, or with a neutral third party present. If there is an injunction for protection or any safety concern, tell us; we will schedule access only through counsel and will never place the parties in the same room.

School calendars and moving dates

Parents often want to close after the school year ends or after a parenting plan’s relocation terms are settled. We can sign now and close later, or close quickly and agree to a short occupancy period after closing. Either way, the dates are written into the contract.

Furniture, belongings and the garage full of disputes

Dividing personal property is its own negotiation. Our contracts can allow anything the parties do not want to remain in the house at closing, which removes the pressure to sort every box before a listing photo shoot. If the parties need time to divide items, we can schedule a pickup window before closing for each spouse separately.

Pets, vehicles and boats

Southwest Florida homes come with boat lifts, docks, RV pads and detached garages full of vehicles. Titled vehicles and vessels are not part of a real estate sale, so the parties need to remove or separately address them. Fixtures like boat lifts and davits usually transfer with the home; if that is disputed, tell us before we write the offer.

How Are the Sale Proceeds Held and Divided?

The single most useful feature of a title-company closing in a divorce is that the money does not have to go to either spouse at closing.

• Escrow until agreement or order. The closing agent can hold the net proceeds in its escrow account under written instructions signed by both parties and their counsel, then disburse when the marital settlement agreement is signed or the court enters an order.
• Split at closing. If the agreement already specifies the division, the settlement statement can show separate disbursements to each spouse — after payoffs, liens and any agreed credits such as reimbursement for post-separation mortgage payments.
• Payment of marital debts. Parties sometimes agree to pay off a home equity line, a credit card or attorney fees directly from proceeds. The title company can do that if the instructions are in writing.
• Court registry. If the court orders proceeds deposited into the registry, the closing agent follows that order.

We pay normal closing costs, and there are no agent commissions on a direct sale to us. Mortgage payoffs, liens, property taxes owed through closing and any HOA balances are paid from the seller side of the settlement statement, the same as in any sale. Both spouses — and their attorneys — see every line before anyone signs.

How Do We Work Within Mediation and Collaborative Divorce?

Certified family mediators

Mediators have their own duties of impartiality, and we respect them. In practice that means we never ask a mediator to recommend us, we provide identical information to both sides, and we are happy to be one of several options the parties consider — including listing with an agent or obtaining other cash offers. If both parties want us available by phone during a session to answer questions about the contract terms, we can do that; we do not participate in negotiations between the spouses.

Collaborative law teams

Florida adopted a Collaborative Law Process Act in 2017, found in sections 61.55 through 61.58 of the Florida Statutes, and many collaborative cases use a team that includes a neutral financial professional and a facilitator or coach. In those cases we usually work through the financial neutral, who folds our offer into the options matrix alongside a buyout analysis and a projected listing net. Because collaborative cases depend on transparency, our numbers are always available to the full team.

Pro se parties and limited-scope representation

Some spouses handle parts of the case themselves or hire an attorney only for discrete tasks. When we learn that a party is unrepresented, we encourage them in writing to have a Florida attorney review the contract, and we slow down rather than speed up. A fast closing is never worth a party later claiming they did not understand what they signed.

What If the Marital Estate Includes Complicated Property?

The house is not always a tidy three-bedroom with a modest mortgage. We regularly evaluate the harder assets that make family lawyers groan.

Underwater homes and pending foreclosures

If the home is worth less than the mortgage, a cash sale may require lender approval through a short sale. If a foreclosure is already filed, timing matters, and our foreclosure page explains how a sale before the auction can work. Divorce counsel and, where relevant, bankruptcy counsel should coordinate before any contract is signed.

Storm-damaged and half-repaired homes

After Hurricane Ian in 2022 and Helene and Milton in 2024, many Southwest Florida couples entered divorce with an open insurance claim, a partially gutted home or a contractor dispute. We buy those properties as-is. Ownership of claim proceeds and any remaining insurance recovery should be addressed in the agreement; see our page on hurricane and flood-damaged houses for the seller-side details.

Condos with assessments and unpermitted work

Condominiums facing milestone inspections or large special assessments, and houses with open permits or code violations, often fail to sell on the market at the price the parties expect. A cash buyer can absorb those problems, which keeps them from becoming another line item to litigate.

Rentals, LLC-owned buildings and commercial property

Many couples own a duplex, a small apartment building, a storefront or a warehouse alongside their home, often through an LLC. We buy multifamily properties and commercial real estate statewide, with tenants in place. When the property is held in an entity, counsel will want to confirm who has authority to sign for the LLC under its operating agreement and whether a member vote or court order is needed.

Condos and second homes

Seasonal condos and second homes on the Gulf coast are common marital assets. We also buy condos and townhomes where association approval, rental restrictions or right-of-first-refusal provisions apply; those steps are built into the closing timeline.

Cash Sale vs. Listing vs. Buyout: What Changes for the Case?

The table below compares the three common paths from a case-management perspective. It is general; each case and property is different. For the seller-side money comparison, see cash offer vs. listing or run the numbers in our net proceeds calculator.

A listing frequently produces a higher gross price for a home in good condition when both parties cooperate and time is available. We say that plainly to every referral. Our value is in the cases where cooperation, condition or the calendar make the theoretical top price hard to reach.

How Does a Referral From a Family Law Professional Work?

1. Send the basics. Property address, who is on title, whether it is homestead, whether it is occupied, the approximate mortgage balance and the stage of the case. Use the form below or call (239) 686-0823. We do not need pleadings or financial affidavits.
2. We review and schedule one visit. We check public records, pull comparable sales and arrange a walkthrough through counsel or the cooperating spouse, at a time that avoids conflict.
3. Written offer to both sides. Usually within a day or two of the visit, we send the offer letter and, if requested, our calculation summary to both attorneys or the mediator.
4. Contract built around the case. Counsel negotiates contingencies tied to the settlement agreement, final judgment or court order, plus possession dates and escrow instructions.
5. Title work and closing. A Florida title company clears title, gathers payoffs, prepares the settlement statement and closes — together or with each spouse signing separately, in person or by mail-away or remote closing where the title company allows. Proceeds are disbursed or held exactly as instructed.

Ethics, Neutrality and Referral Fees

We want family law professionals to be comfortable referring to us, which means being clear about what the relationship is and is not.

• No referral fees. We do not pay referral fees, gifts or anything of value to attorneys, mediators, coaches or financial neutrals for introducing a case. Florida’s real estate license law, section 475.25(1)(h) of the Florida Statutes, restricts licensees from paying compensation to persons who are not properly licensed for referring real estate business, and we do not pay referral fees to unlicensed parties where Florida law prohibits it. Each professional also follows the ethics rules of their own profession, which may impose additional limits.
• We represent neither spouse. Our principals are licensed Florida real estate brokers, but Libera Capital Group buys as a principal for its own account and does not represent any party in the transaction. Each spouse should rely on their own attorney.
• No exclusivity. Parties are free to obtain other cash offers, list with an agent or pursue a buyout. We encourage comparison.
• Verify us. Our entity is registered with the Florida Division of Corporations, our brokers’ licenses can be confirmed with the Department of Business and Professional Regulation, and closings run through an independent Florida title company. Our page on how to spot “we buy houses” scams explains how to vet any cash buyer, including us.
• Discretion. We do not discuss a family’s situation with neighbors, post about properties we are evaluating, or contact parties outside the channels counsel sets.

Read the statute yourself on the Florida Legislature’s website. Nothing on this page is legal advice to any spouse or professional.

Refer a Marital Property

Tell us about the property and the case stage. We respond the same business day whenever possible and will route all communication through whichever professional you designate.

Where Do We Buy Marital Property?

We buy anywhere in Florida, with Southwest Florida as our home market and our office in Fort Myers (meetings by appointment). Common referral areas include:

• Southwest Florida
• Lee County
• Collier County
• Charlotte County
• Sarasota County
• All Florida locations

Other professionals we work with: probate and estate attorneys, real estate agents, and senior move managers and elder care professionals. See the full partner overview or learn how our process works.

Frequently Asked Questions from Divorce Attorneys and Mediators