Partition Of Marital Home

48 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Collinsworth v. Collinsworth
  624 So. 2d 287· Fla. 1st DCA· 1993-08-12 ·cited 43×
  In this dissolution of marriage appeal, the husband challenges the trial court's distribution of marital assets, alimony awards, and provisions regarding the marital home. The appellate court reverses and remands the entire equitable distribution scheme, alimony awards, and relat
• Rebia Gladys Sharpe v. Sharpe
  267 So. 2d 665· Fla. 3d DCA· 1972-10-10 ·cited 42×
  A wife appealed a divorce judgment that ordered sale of the marital home with equal division of proceeds and awarded no alimony. The Florida District Court of Appeal reversed, holding that the trial court lacked authority to order the property settlement without appropriate plead
• Zeller v. Zeller
  396 So. 2d 1177· Fla. 4th DCA· 1981-04-15 ·cited 39×
  In this dissolution of marriage case, the wife appealed the trial court's award regarding the marital home and financial credits. The appellate court reversed on multiple grounds, holding that partition of the home was not properly pleaded, that exclusive occupancy should extend
• Whiteley v. Whiteley
  329 So. 2d 352· Fla. 4th DCA· 1976-04-02 ·cited 39×
  A trial court in a divorce case awarded the wife exclusive possession of the marital home while requiring her to pay all obligations but denying her credit for payments made toward the mortgage principal upon partition. The Fourth District Court of Appeal reversed this provision,
• Kanouse v. Kanouse
  549 So. 2d 1035· Fla. 4th DCA· 1989-07-26 ·cited 36×
  A Florida appellate court affirmed the trial court's decision to set aside a property settlement agreement in a divorce case, but reversed and remanded the judgment regarding alimony and property distribution, finding that the wife was inadequately compensated for her sacrifice o
• Williams v. Neil M.J. Williams
  686 So. 2d 805· Fla. 4th DCA· 1997-01-29 ·cited 30×
  In this Florida family law case, the appellate court reversed the trial court's unequal distribution of marital assets, finding that the husband's premarital assets, though commingled and becoming marital property, did not justify awarding him two-thirds of the marital estate. Th
• Sullivan v. Sullivan
  363 So. 2d 393· Fla. 2d DCA· 1978-10-04 ·cited 27×
  The court held that the trial court abused its discretion in awarding limited-term alimony and failing to set deadlines for the sale of the marital home and division of furnishings, and in ordering division of all personal property not sought in the pleadings.
• Parham v. Parham
  385 So. 2d 107· Fla. 3d DCA· 1980-06-10 ·cited 26×
  In this family law appeal, the husband challenges an alimony award in a dissolution of marriage. The appellate court found the permanent alimony amount excessive, the provision making alimony a charge against the husband's estate unsupported by evidence, and the lump sum alimony
• Nelle J. Fitzgerald v. Geary S. Fitzgerald
  558 So. 2d 122· Fla. 1st DCA· 1990-03-09 ·cited 21×
  In this appeal from a partition order of a marital home, the former wife challenges two special equities awarded to the former husband. The court reverses both equities, holding that payments made as spousal support cannot be credited and that an ouster was not properly establish
• Sudholt v. Sudholt
  389 So. 2d 301· Fla. 5th DCA· 1980-10-15 ·cited 20×
  In a dissolution of marriage appeal, the court affirmed the trial court's denial of the wife's claim to a special equity in marital property (home and boat) purchased primarily with her real estate business income, but reversed the denial of the husband's partition claim, holding
• Sanders v. Sanders
  351 So. 2d 1126· Fla. 2d DCA· 1977-11-16 ·cited 18×
  Mary Sanders appealed the trial court's order partitioning the marital home in her divorce case. The appellate court reversed the partition order, finding that the trial court failed to comply with statutory procedural requirements under Florida's partition statute.
• Savage v. Savage
  556 So. 2d 1213· Fla. 2d DCA· 1990-02-16 ·cited 14×
  In this dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's award of the husband's interest in the marital home to the wife as lump sum alimony, finding that partition of the home should have been granted. The court remanded for further p
• Parenteau v. Parenteau
  795 So. 2d 1124· Fla. 5th DCA· 2001-10-05 ·cited 13×
  Philip Parenteau appeals a dissolution of marriage judgment, arguing the trial court failed to properly calculate his special equity in the marital home using the Landay formula and failed to make the required statutory findings of fact regarding alimony. The appellate court agre
• Pineiro v. Pineiro
  683 So. 2d 148· Fla. 3d DCA· 1996-09-25 ·cited 11×
  In this family law appeal, Maria Isabel Pineiro challenged a trial court's decision to order sale of the marital home to pay marital debts rather than award her exclusive possession as an incident of child custody. The appellate court affirmed the trial court's discretionary deci
• Roth v. Roth
  611 So. 2d 1268· Fla. 3d DCA· 1992-12-08 ·cited 11×
  A party ordered to pay mortgage as support is not entitled to credit for those payments upon sale of the home.
• Power v. Power
  387 So. 2d 546· Fla. 5th DCA· 1980-09-10 ·cited 10×
  In a partition proceeding following divorce, the court affirmed the trial court's decision awarding the husband reimbursement for mortgage principal and taxes paid during his occupancy of the marital home while denying the wife's claim for rental value reimbursement. The court he
• Salyers v. Good
  443 So. 2d 152· Fla. 2d DCA· 1983-12-09 ·cited 9×
  The appellate court reviewed a postdissolution action where the husband appealed the denial of his attorney's fees and the wife cross-appealed the dismissal of her partition complaint for the marital home.
• Weider v. Weider
  402 So. 2d 66· Fla. 4th DCA· 1981-08-12 ·cited 9×
  The court held that the trial court abused its discretion by failing to award permanent alimony and by ordering partition without following statutory procedures, and exceeded its jurisdiction by granting exclusive possession pending appeal.
• Reyes v. Nevis Reyes
  714 So. 2d 646· Fla. 4th DCA· 1998-07-29 ·cited 8×
  In a marriage dissolution appeal, the court affirmed the trial court's child custody decision but reversed and remanded regarding property division and related economic provisions. The trial court improperly ordered sale and partition of the marital home without a pleading seekin
• Faust v. Frederic L. Faust
  505 So. 2d 606· Fla. 1st DCA· 1987-04-10 ·cited 8×
  A trial court lacks authority to order one spouse to convey their entire interest in jointly owned marital property (the marital home) to the other spouse in exchange for one-half the property's value without special justification such as alimony needs or special equity, and the
• Brennan v. Brennan
  184 So. 3d 583· Fla. 4th DCA· 2016-01-27 ·cited 6×
  In this family law appeal, the former wife challenges a trial court's second remand judgment in a dissolution of marriage case. The appellate court holds that the trial court exceeded the scope of remand by revaluing assets and reducing alimony duration, but affirms the imputatio
• Dottaviano v. Dottaviano
  170 So. 3d 98· Fla. 5th DCA· 2015-06-26 ·cited 6×
  The court held that the trial court erred in imputing income to the wife without making findings of voluntary unemployment or underemployment and that special circumstances warranted partitioning the marital home. Consequently, the awards for alimony and child support, which were
• Grady L. Blackmon v. Blackmon
  969 So. 2d 426· Fla. 1st DCA· 2007-11-06 ·cited 6×
  In a dissolution of marriage case, the Florida First District Court of Appeal reversed the trial court's determinations regarding alimony (which included an automatic increase upon child support termination), imputation of income from side masonry work, and the partition of the m
• Boynton v. Boynton
  636 So. 2d 53· Fla. 2d DCA· 1994-03-02 ·cited 6×
  Stephen Boynton appeals a dissolution judgment challenging the equitable distribution of marital property and permanent alimony award. The Second District Court of Appeal reversed the trial court's award of exclusive possession of the marital home to the wife and the imputation o
• Lyons v. Lyons
  436 So. 2d 156· Fla. 2d DCA· 1983-03-04 ·cited 6×
  In this marital dissolution case, the Florida Second District Court of Appeal reversed the trial court's denial of the wife's claim to an interest in the marital home, holding that a homemaker's contributions to a long-term marriage must be adequately compensated through equitabl
• Ortiz v. Ortiz
  315 So. 3d 149· Fla. 2d DCA· 2021-04-07 ·cited 4×
  The appellate court partially reversed a final judgment dissolving a marriage. The court found the trial court erred in its equitable distribution of marital debts and its child support determination, remanding for further proceedings. However, the court affirmed the trial court'
• Olen Johnson v. Johnson
  418 So. 2d 454· Fla. 4th DCA· 1982-08-25 ·cited 4×
  The court held that the wife is entitled to greater alimony due to her inability to rehabilitate, but remanded the determination of the specific amount to the trial court.
• Trenton Taylor v. Taylor
  381 So. 2d 1353· Fla.· 1980-03-20 ·cited 4×
  The Florida Supreme Court denied a petition for writ of certiorari challenging a trial court's award of exclusive possession of the marital home to the former wife until remarriage or death. The Court determined that under McDonald v. McDonald and Duncan v. Duncan, such awards ar
• Knott v. Knott
  395 So. 3d 1147· Fla. 6th DCA· 2024-09-06 ·cited 3×
  Christopher Knott appeals a final judgment dissolving his 18-year marriage to Tracey Knott, challenging the trial court's equitable distribution of assets, determination of his income for alimony purposes, and failure to address partition of the marital home and a tax liability.
• Rajeev Gupta v. Shaily Gupta
  45 Fla. L. Weekly D365· Fla. 5th DCA· 2021-09-30 ·cited 3×
  Rajeev Gupta appeals a final judgment of dissolution of marriage, challenging the court's awards of the marital home, income calculations, asset distribution, and attorney's fees. The Fifth District affirms most of the lower court's decision but reverses the imputation of in-kind
• Hodges v. Hodges
  128 So. 3d 190· Fla. 5th DCA· 2013-12-06 ·cited 3×
  In this dissolution of marriage case, the Fifth District Court of Appeal affirmed in part and reversed in part a final judgment. The court corrected the trial court's child support calculation, eliminated the life insurance requirement, and reversed the mandatory partition and sa
• Carrollyn Cox McCARTHY v. McCARTHY
  922 So. 2d 223· Fla. 3d DCA· 2005-12-07 ·cited 3×
  Carrollyn Cox McCarthy appeals from a divorce decree that awarded her exclusive use of the marital home but included a setoff for fair rental value to her former husband and limited her reimbursement for repairs to those exceeding $3,000. The appellate court reverses both rulings
• Phillips v. Lovella Phillips
  83 So. 3d 903· Fla. 2d DCA· 2012-02-24 ·cited 2×
  The appellate court affirmed the final judgment of dissolution, clarifying that the former husband has the right to seek partition of the marital home once the parties' son turns eighteen, as the former wife's exclusive use of the home is tied to the child's dependency.
• Garcia v. Nilo Hernandez
  947 So. 2d 657· Fla. 3d DCA· 2007-01-24 ·cited 2×
  In a dissolution of marriage case, the Florida Third District Court of Appeal reversed the trial court's decision to sell the marital home and award the husband a special equity. The court held that the custodial parent (wife) should receive exclusive use and possession of the ma
• Serbert Elliott v. Elliott
  666 So. 2d 276· Fla. 4th DCA· 1996-01-17 ·cited 2×
• Walker v. Erpenbach
  553 So. 2d 738· Fla. 5th DCA· 1989-12-14 ·cited 2×
  Rebecca Walker sought to partition the marital home by arguing her ex-husband's de facto marriage to his live-in companion triggered a remarriage clause in their divorce settlement. The court held that Florida law requires a legal marriage, not a de facto marriage, to trigger the
• Blew v. Blew
  358 So. 3d 1232· Fla. 4th DCA· 2023-03-29 ·cited 1×
  Property held by spouses as tenants by the entireties cannot be partitioned prior to entry of a final judgment dissolving the marriage, because Chapter 64 of the Florida Statutes, which governs partition actions, does not authorize partition of property held as tenants by the ent
• Wells v. Wells
  239 So. 3d 179· Fla. 2d DCA· 2018-02-14 ·cited 1×
  A marital settlement agreement provision granting exclusive use and possession of a home "through the daughter's minority and college years (4 years post high school)" reasonably requires the sale of the property after the daughter completes college, and should not be interpreted
• Franco v. Franco
  509 So. 2d 405· Fla. 1st DCA· 1987-07-09 ·cited 1×
  In this divorce appeal, the Florida District Court of Appeal reversed the trial court's permanent periodic alimony award as inadequate while affirming the partition of the marital home. After 32 years of marriage, the court found that awarding the wife only $400 per month in alim
• Knott v. Knott
  Fla. 6th DCA· 2024-09-06
  The trial court erred in determining it lacked jurisdiction over partition of the marital home, in valuing marital assets without proper findings of intentional misconduct, in classifying post-petition assets as marital, in basing alimony on historical income despite evidence of
• LEE v. Katja Susanna LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees in the family law case, and reversed the denial of consolidation and the denial
• LEE v. Katja LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action concerning marital assets after a divorce granted in Finland. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding the trial
• Blackburn v. Wissner
  257 So. 3d 1190· Fla. 5th DCA· 2018-11-02
  Both former spouses are entitled to credit for their respective payments reducing the debt on jointly-held marital property subsequent to entry of the final judgment.
• Dottaviano v. Dottaviano
  219 So. 3d 990· Fla. 5th DCA· 2017-06-02
  On remand from a prior appeal, the Florida District Court of Appeal reversed the trial court's decision to impute income to the ex-wife in a divorce case, finding insufficient competent evidence to support the imputed amount. The court also found error in the calculation of the w
• Erickson v. Epsie B. Erickson
  484 So. 2d 99· Fla. 1st DCA· 1986-03-06
  In this dissolution of marriage case, the Florida Court of Appeal reversed the trial court's award of exclusive use and possession of the marital home to the former wife, holding that such awards must serve a special purpose connected to support obligations or temporary necessity
• Dawson v. Dawson
  402 So. 2d 71· Fla. 4th DCA· 1981-08-12
  The court held that the trial court abused its discretion by not awarding the wife rehabilitative alimony or possession of the marital home.
• Rollins v. Rollins
  343 So. 2d 915· Fla. 4th DCA· 1977-03-11
• Wischman v. Wischman
  310 So. 2d 428· Fla. 2d DCA· 1975-04-02
  In this dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's decision to partition the marital home (a mobile home and lot) and remanded for reconsideration of alimony, holding that partition was improper due to insufficient pleadings unde