DIANNA LEE FINN, APPELLANT,
v.
JOHN AUBREY FINN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The father is not entitled to exclusive possession of the marital home after remarriage, and the property is subject to partition. The wife is entitled to a credit for one-half of the reasonable rental value of the home after the father's remarriage.
This case involves a challenge to a judgment concerning a jointly owned marital home after a prior remand. The father, who was awarded custody, remarr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Exclusive Possession Of Marital Home cases and more on FLexlaw
PER CURIAM.
This appeal and cross-appeal challenge portions of a judgment concerning the jointly owned marital home rendered after the cause was remanded in Finn v. Finn, 414 So. 2d 1149 (Fla. 3d DCA 1982).
Although the father was again awarded custody of the minor children, he has remarried and, contrary to the order below, is not thereafter entitled to exclusive possession of the home. Schein v. Schein, 448 So. 2d 16 (Fla. 3d DCA 1984); Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981). The property in question is therefore subject to partition upon remand.
The parties have agreed in open court before us that the ex-husband, who has paid the mortgage, repairs and other expenses since the dissolution, should be given credit upon the partition sale for all, including the wife’s half, of those amounts. See Iodice v. Scoville, 460 So. 2d 676 (Fla. 4th DCA 1984). Subsequent to the date of Mr. Finn’s remarriage, however, the ex-wife is entitled to a credit of one-half of the reasonable rental value of the home. Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975).
The order under review is vacated and the cause remanded for further proceedings in accordance herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Goolsby v. Wiley, 547 So. 2d 227 (Fla. 4th DCA 1989)…or court order. In Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975), the second district affirmed an offset for rent for the period of time the husband was in possession without benefit of court order or agreement. Subsequently, in Finn v. Finn, 464 So. 2d 1266 (Fla. 3d DCA 1985), where the husband was awarded exclusive possession under certain conditions and he later remarried which terminated his right to possession, the court computed the amount of a fair rental value offset against a claim for expenses…
-
Diedricks v. Reinhardt, 466 So. 2d 375 (Fla. 3d DCA 1985)…that he was occupying the property adversely to the ex-wife. See Patterson v. Patterson, 396 So. 2d 821 (Fla. 4th DCA 1981); Seesholts v. Beers, 270 So. 2d 434 (Fla. 4th DCA 1972). But see Potter v. Garrett, 52 So. 2d 115 (Fla.1951)2; Finn v. Finn, 464 So. 2d 1266 (Fla. 3d DCA 1985); Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975) (following Potter and Seesholts dissent, court allowed recovery of one-half rental value of residence owned by former spouses, finding showing of adversity unnecessary, as it w…
-
Bailes v. Bailes, 468 So. 2d 396 (Fla. 3d DCA 1985)…to increase the ex-wife’s equity, without any provision for his being given credit for her half when the home is sold, represents an expenditure for her benefit at least substantially equivalent to the rental value of her interest. See Finn v. Finn, 464 So. 2d 1266, (Fla. 3d DCA 1985). Moreover, any uncompensated use of the home by the children and their custodian-father may properly have been regarded by the lower court as a discharge of her duty to contribute to their support. Wood v. Friedman, 388 So. 2d 13…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Manuel E. Abella-Fernandez, M.D. v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981)
- Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975)
- Martina Schein v. Schein, 448 So. 2d 16 (Fla. 3d DCA 1984)
- Iodice v. Scoville, 460 So. 2d 576 (Fla. 4th DCA 1984)
- Finn v. Finn, 414 So. 2d 1149 (Fla. 3d DCA 1982)