ANTOINETTE S. DOLCH, APPELLANT,
v.
DAVID N. DOLCH, APPELLEE
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In this Florida dissolution of marriage appeal, the court reversed the trial court's order requiring the sale of the marital home within six months, holding instead that the wife is entitled to use and occupancy of the home for as long as she remains unmarried and until the minor children reach majority. The court affirmed other aspects of the judgment regarding alimony, child support, and debt repayment.
The court reversed the six-month sale requirement, holding that the wife is entitled to exclusive possession and use of the marital home as long as she remains unmarried and until the two minor children attain majority, die, marry, or are no longer dependent. The trial court must determine on remand the appropriate allocation of mortgage, insurance, taxes, maintenance, and repair expenses.
[1] A trial court errs by ordering the sale of a jointly owned marital home within a fixed six-month period in a dissolution of marriage judgment.
[2] A spouse is entitled to the use and occupancy of the marital home until the minor children attain majority, die, marry, or are no longer dependent, provided the spouse re…
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Join FLexlaw to unlock all legal intelligence“We hold that the trial court erred in ordering that the jointly owned marital home be sold within six months. That part of the amended final judgment is reversed.”
The court's core holding reversing the mandatory sale provision.
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Join FLexlaw to unlock all legal intelligenceDavid and Antoinette Dolch divorced. At the time of judgment, they had two minor children ages two and three. The parties jointly owned the marital ho…
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BOARDMAN, Acting Chief Judge.
Appellant/wife appeals the amended final judgment of dissolution of marriage. The pertinent portion of the trial court’s amended final judgment provides:
The Respondent, ANTOINETTE S. DOLCH, is given exclusive possession of the former marital residence, described as follows for a period of six (6) months or until the property is sold, whichever occurs first:
Lot 2, Block 130, Section 10, PORT CHARLOTTE SUBDIVISION, as per plat thereof recorded at Plat Book 4, Pages 20A through 20N, of the Public Records of Charlotte County, Florida.
During the foregoing described six (6) month period, said property shall be offered for sale by the parties and listed with a reputable real estate broker upon terms mutually agreeable to the parties. Should the property not be sold within six (6) months of this judgment, either party may petition the Court for partition of said property. Out of the proceeds of sale, either through private sale or partition sale, the parties shall repay the $2,500.00 jointly owed to the parents of Petitioner, DAVID N. DOLCH.
We hold that the trial court erred in ordering that the jointly owned marital home be sold within six months. That part of the amended final judgment is reversed. Appellant is entitled to the use and occupancy of the marital home as long as she remains unmarried and until the two minor children, ages two and three at this time, attain majority, die, marry, or are no longer dependent. See Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977). The trial court should determine on remand the appropriate provisions with regard to the payment of the mortgage, insurance, taxes, maintenance, and repairs on the marital home. See Maroun v. Maroun, 277 So. 2d 572 (Fla. 3d DCA 1973). We note that the mortgage payment on the house, $152.93 per month, is reasonable, and it is unlikely that she could obtain alternative housing for herself and the children for that sum.
In all other respects the amended final judgment is affirmed, including the provisions for rehabilitative alimony, child support, and payment when the marital home is sold of the $2,500 owed to the parents of appellee/husband.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
SCHEB and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Zeller v. Zeller, 396 So. 2d 1177 (Fla. 4th DCA 1981)…s of this case, the trial court should have awarded the wife exclusive occupancy of the marital home until the children attain the age of majority or otherwise become emancipated. Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977); Dolch v. Dolch, 368 So. 2d 618 [*1179] (Fla. 2nd DCA 1979). Although the failure to award exclusive possession of the marital home unto the custodial parent until all of the children attain majority or become emancipated would not always constitute error, such awards are so frequ…
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Cabrera v. Cabrera, 484 So. 2d 1338 (Fla. 3d DCA 1986)…iew dismissed, 399 So. 2d 1142 (Fla.1981); Kemmerer v. Kemmerer, 386 So. 2d 1248 (Fla.3d DCA 1980), review denied, 392 So. 2d 1376 (Fla.1981); Smith v. Smith, 378 So. 2d 11 (Fla.3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); Dolch v. Dolch, 368 So. 2d 618 (Fla.2d DCA 1979); Bailey v. Bailey, 361 So. 2d 204 (Fla. 1st DCA 1978); Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977); Reisman v. Reisman, 314 So. 2d 783 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976). Cf. Kuvin v. Kuvin, 442 So…
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Gonzalez v. Estrella Gonzalez, 563 So. 2d 813 (Fla. 3d DCA 1990)…v. Farrington, 390 So. 2d 461 (Fla. 3d DCA 1980), review dismissed, 399 So. 2d 1142 (Fla.1981). Although the wife is entitled to exclusive possession of the marital home until the minor child reaches the age of majority, Farrington; Dolch v. Dolch, 368 So. 2d 618 (Fla. 2d DCA 1979); see also Markham v. Markham, 485 So. 2d 1299 (Fla. 5th DCA 1986), we are unable to sustain the award of exclusive possession of the marital home beyond that time; the husband’s obligation for support terminates upon the child’s a…
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
- Maita P. Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977)
- Maroun v. Ing-Marie Maroun, 277 So. 2d 572 (Fla. 3d DCA 1973)