STEPHEN G. TUCKER, APPELLANT,
v.
JOANNE CORAGGIO TUCKER, APPELLEE
STEPHEN G. TUCKER, APPELLANT,
JOANNE CORAGGIO TUCKER, APPELLEE
392 So. 2d 1008
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The trial judge erred when she required appellant to make all future mortgage payments on the marital home, yet allowed appellee to retain her full one-half interest in the home without providing appellant a credit against appellee’s half of the proceeds if the jointly owned property is sold. Smith v. Smith, 390 So. 2d 1223 (Fla. 1st DCA 1980); Rabino v. Rubino, 372 So. 2d 539 (Fla. 1st DCA 1979).
The judgment appealed as amended by this opinion, is otherwise affirmed.
ROBERT SMITH and THOMPSON, JJ., and WOODIE A. LILES, (Ret.) Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCLUNG v. McCLUNG, 465 So. 2d 637 (Fla. 2d DCA 1985)…ments on the jointly held marital home which he made after the separation and before the dissolution. However, credit should be given for certain amounts paid by one spouse after the dissolution and before the sale of the home. See Tucker v. Tucker, 392 So. 2d 1008 (Fla. 1st DCA 1981); Price v. Price, 389 So. 2d 666, 668-69 (Fla. 3d DCA 1980), petition for review denied, 397 So. 2d 778 (Fla.1981). Therefore, we remand in this regard so that the husband may receive any credit to which he is entitled. As to the…
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Dugan v. Dugan, 498 So. 2d 989 (Fla. 1st DCA 1986)…Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986). Upon its sale, whichever party made all the mortgage payments is entitled to credit for the payments made on behalf of the other spouse. Hoyt v. Hoyt, 457 So. 2d 599 (Fla. 1st D.CA 1984); Tucker v. Tucker, 392 So. 2d 1008 (Fla. 1st DCA 1981); Smith v. Smith, 390 So. 2d 1223 (Fla. 1st DCA 1980); Rubino v. Rubino, 372 So. 2d 539 (Fla. 1st DCA 1979). This is true even if one spouse was made responsible for 100 percent of the mortgage payments by the terms of the final d…
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Blackburn v. Wissner, 257 So. 3d 1190 (Fla. 5th DCA 2018)
Authorities Cited
- Rubino v. Rubino, 372 So. 2d 539 (Fla. 1st DCA 1979)
- Smith v. Smith, 390 So. 2d 1223 (Fla. 1st DCA 1980)