MERANA TOUSSAINT
v.
JONEL TOUSSAINT
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A marital home's homestead character does not bar its distribution or partition between spouses as part of equitable distribution in a dissolution of marriage.
[1] The homestead character of a marital home does not bar its distribution or partition between spouses as part of equitable distribution in a dissolution of marriage procee…
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Join FLexlaw to unlock all legal intelligence“The marital home, like any other marital asset, is subject to equitable distribution.”
Citation to Ortiz v. Ortiz, 315 So. 3d 149, 152 (Fla. 2d DCA 2021)
Merana Toussaint appealed a circuit court decision in a family law matter involving the distribution of marital property. The case involved the treatm…
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Third District Court of Appeal State of Florida
Opinion filed August 28, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0812 Lower Tribunal No. 16-15-FC-04 ________________
Merana Toussaint, Appellant,
vs.
Jonel Toussaint, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marcia Del Rey, Judge.
Law Offices of James Jean-Francois, P.A., and James Jean-Francois (Hollywood), for appellant.
Marro Law, P.A., and Meaghan K. Marro, (Plantation), for appellee.
Before LOGUE, C.J., and GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. § 61.077, Fla. Stat. (2024); Sell v. Sell, 949 So. 2d 1108, 1112 (Fla. 3d DCA 2007) (noting that the homestead character of a marital
2 home does not bar the distribution or partition of the home between spouses (citing Partridge v. Partridge, 912 So. 2d 649, 650 (Fla. 4th DCA 2005))); Ortiz v. Ortiz, 315 So. 3d 149, 152 (Fla. 2d DCA 2021) (“The marital home, like any other marital asset, is subject to equitable distribution.”); Sharon v. Sharon, 862 So. 2d 789, 791 (Fla. 2d DCA 2003) (“[A]llocating the marital home . . . as part of the plan of equitable distribution falls within the scope of the trial court's broad discretion[.]”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sharon v. Sharon, 862 So. 2d 789 (Fla. 2d DCA 2003)
- Cajuste v. State, 949 So. 2d 1108 (Fla. 3d DCA 2007)
- Partridge v. Partridge, 912 So. 2d 649 (Fla. 4th DCA 2005)
- Ortiz v. Ortiz, 315 So. 3d 149 (Fla. 2d DCA 2021)