JOHN P. STARCHER, APPELLANT,
v.
ANNIE CATHERINE STARCHER, APPELLEE
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In a dissolution of marriage case, the appellate court reversed the trial court's denial of the husband's claim for a special equity in marital property purchased during the marriage. The court held that the husband's down payment from pre-marital funds established a special equity entitling him to an interest in the wife's undivided share of the property.
The trial court erred in denying the husband's special equity claim. The husband established a special equity in the wife's undivided interest in the property by paying the entire down payment from funds derived from pre-marital property sales. The wife's contributions, consisting mainly of minor household purchases and maintenance expenses, were insufficient to establish a special equity in her own right and did not extinguish the husband's already-vested special equity interest.
[1] A trial court errs in denying a special equity claim when the record reflects that the entire down payment for the property was paid by one spouse from funds generated fr…
[2] A special equity vests at the point in time a person makes a contribution of funds, property, or services toward the acquisition or betterment of property from a source u…
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Join FLexlaw to unlock all legal intelligence“The theory of a special equity is that of an interest in property which vests at a point in time when that person makes a contribution of funds, property, or services toward acquisition or betterment of property from a source unconnected with the marriage.”
Establishes the legal definition and vesting mechanism for special equity claims in marital dissolution cases.
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Join FLexlaw to unlock all legal intelligenceThe parties had a nine-month live-in relationship followed by a six-month marriage. During the marriage, they purchased a home and took title in joint…
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BERANEK, Judge.
The parties in this case had a nine-month live-in arrangement prior to a six-month marriage. During the period of the marriage a home was purchased and title was taken in their joint names. Although the husband claimed a special equity in the property, the final judgment pointedly left the property in joint names so they would become tenants in common.
The appellant contends the trial court erred in failing to specifically rule on his prayer for a special equity in said property and in not awarding him a special equity. We find that the trial court did rule on appellant’s prayer and denied it. However, in denying any special equity, we feel the trial court erred.
The record reflects that the entire down payment for the property was paid by the husband from funds generated from the sale of real and personal property he owned prior to the marriage. Thus, it would appear that the husband was entitled to a special equity in the wife’s undivided interest in said property. Ball v. Ball, 335 So. 2d 5 (Fla.1976).
The wife claims that she also made contributions from a source unconnected with the marriage toward improvements of the property and its furnishings. Instead of asserting a right to a special equity in the property, however, the wife claimed these matters as a “defense” to the husband’s claim for a special equity. The theory of a special equity is that of an interest in property which vests at a point in time when that person makes a contribution of funds, property, or services toward acquisition or betterment of property from a source unconnected with the marriage. See Duncan v. Duncan, 379 So. 2d 949 (Fla.1980), and Claughton v. Claughton, - So. 2d -(Florida Case No. 55,227, opinion filed October 23,1980). A special equity is not properly considered as a pure defense against the special equity claims of the opposing spouse. Here, the husband’s special equity came into existence when he made the down payment on the home from a source unconnected with the marriage. Later substantial expenditures by wife on the home may or may not give rise to a special equity in her own right but such expenditures do not do away with the husband’s already vested interest in the property.
Although the wife’s answer sought alimony rather than a special equity, we have considered all of the evidence and conclude that even if properly pled, the wife failed to prove a right to a special equity in the property in question. Most of the items asserted by the wife in her resistance against the husband’s claims were in the nature of minor household purchases, maintenance expenses, and general living expenses. We conclude that these expenditures by the wife were not sufficient to require an award of a special equity to her as a matter of law.
Accordingly, the judgment appealed from is reversed and the cause is remanded to the trial court with directions to determine the value of the husband’s special equity claim in the wife’s undivided interest. If the trial judge feels this modification of the property disposition warrants reconsideration of other aspects of the final judgment relative to alimony, he is authorized to reconsider that award in such a fashion as may be justified by the record.
REVERSED AND REMANDED WITH DIRECTIONS.
DOWNEY and GLICKSTEIN, JJ., concur.
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Starcher v. Starcher, 430 So. 2d 991 (Fla. 4th DCA 1983)…WALDEN, Judge. This is an appeal from an amended final judgment in a dissolution of marriage action, which judgment was entered pursuant to this court’s mandate in the case of Starcher v. Starcher, 391 So. 2d 340 (Fla. 4th DCA 1980). We therein remanded “with directions to determine the value of the husband’s special equity claim in the wife’s undivided interest.” Moreover, the trial court was authorized to reconsider other aspects of the final judgment rela…
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U.S.B. Acquisition Co., Inc. v. Stamm, 695 So. 2d 373 (Fla. 4th DCA 1997)…late fees. See Command Credit Corp. v. Mineo, 664 So. 2d 1123 (Fla. 4th DCA 1995). . Apparently, the payor seeks to raise legal issues relating to the amount of the appellate attorney's fees assessed by the trial court. . See Starcher v. Starcher, 391 So. 2d 340 (Fla. 4th DCA 1980). . The two separate final orders awarding attorneys' fees were both entered and mailed on October 3, 1996. Allowing time for mailing, Mr. Dalack’s motion for review was timely filed on November 6th. The payor's response to Dalac…
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Leslie v. Eli Y. Leslie, 429 So. 2d 778 (Fla. 3d DCA 1983)…to affirm that portion of the final judgment [i.e., paragraph 3] which determines the method by which the husband’s special equity in the marital residence should be satisfied. Duncan v. Duncan, 379 So. 2d 949, 952 (Fla.1980); Starcher v. Starcher, 391 So. 2d 340, 341 (Fla. 4th DCA 1980); Leonard v. Leonard, 389 So. 2d 256, 258 (Fla. 3d DCA 1980), pet. for rev. den., 399 So. 2d 1144 (Fla.1981); see also Rutkin v. Rutkin, 345 So. 2d 400, 401 (Fla. 3d DCA 1977), and cases collected therein.…
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
- Shannon v. State, 335 So. 2d 5 (Fla. 1976)
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)