JOHN RUEBEN RAMER, APPELLANT,
v.
JOAN MAECHER RAMER, APPELLEE
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In this divorce case, the trial court awarded the wife a "special equity" in the husband's separate premarital property based on her contributions to raising children during a 22-year marriage. The appellate court reversed this award, holding that Florida law does not recognize a special equity in separate property based on equitable considerations from domestic contributions, and remanded for reconsideration under newly clarified Florida Supreme Court guidelines.
A spouse cannot acquire a special equity in the other spouse's separate property by reason of equitable considerations arising from domestic contributions to the marriage. The term "special equity" applies only to vested interests in property because of contributions of nonmarital funds or services over and above normal marital duties.
[1] A spouse's domestic contributions to a marriage, including raising children, do not create a special equity in the other spouse's separate (premarital) property.
[2] The term "special equity" is reserved for vested interests in property arising from the contribution of nonmarital funds or services exceeding normal marital duties.
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Join FLexlaw to unlock all legal intelligence“Canakaris specifically enjoins use of the term "special equity" except when analyzing a vested interest in property because of the contribution thereto of nonmarital funds or of services over and above normal marital duties.”
Establishes the restrictive definition of special equity under Florida law
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Join FLexlaw to unlock all legal intelligenceThis case involves the dissolution of a 22-year marriage. The trial court found that the wife (appellee) had no special equity in the husband's (appel…
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OTT, Judge.
The final judgment dissolving this 22 year marriage found that appellee had no special equity in appellant’s separate (premarital) real property by reason of contribution to the acquisition or maintenance thereof, but did have a special equity therein by virtue of her contribution to the marriage in raising the children.
Obviously, the trial court was motivated by some of the considerations relied upon in Brown v. Brown, 300' So. 2d 719 (Fla. 1st DCA 1974), where an award of lump sum alimony was used to achieve substantial equity in distributing property acquired during marriage by the joint efforts of the spouses. The fact that the efforts of one spouse were directed toward making a home and raising children, while the other marital partner pursued financial gain more directly, was held not to disqualify the former from claiming an equitable share in property thus accumulated. The Florida Supreme Court has now approved those views. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
However, neither Brown nor Canakaris sanctions an award of a "special equity” in one spouse’s separate property by reason of equitable considerations arising from the other spouse’s domestic contributions to the marriage. Canakaris specifically enjoins use of the term “special equity” except when analyzing a vested interest in property because of the contribution thereto of nonmarital funds or of services over and above normal marital duties. Accordingly, we reverse the portion of the judgment granting appellee a special equity in appellant’s separate property.
As Canakaris points out, there has been considerable confusion, in both trial and appellate courts, as to when, how and to what extent the concepts of permanent alimony, lump sum alimony, rehabilitative alimony and special equities may be recognized and applied in domestic relations proceedings. By three simultaneously released opinions the Florida Supreme Court has laid down firm and definitive guidelines to assist the courts in resolving those issues. Canakaris, supra; Duncan v. Duncan, 379 So. 2d 949 (Fla.1980); Ingrain v. Ingram, 379 So. 2d 955 (Fla.1980).
Since the trial court has had no opportunity to consider the present case in the light of those pronouncements, we remand the matter for such further proceedings and orders as may be appropriate.
GRIMES, C. J., and HOBSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
- Ingram v. Ingram, 379 So. 2d 955 (Fla. 1980)