MANUEL E. ABELLA-FERNANDEZ, M.D., APPELLANT,
v.
ALICIA E. ABELLA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a husband should receive credit for mortgage, tax, and insurance payments made on the former marital residence upon its sale or partition. It also held that a wife's right to occupy the marital home should not extend beyond her remarriage.
[1] Upon dissolution of marriage, parties become tenants in common in the marital home, and expenditures made by one tenant for the benefit of the property are subject to cre…
[2] A former spouse should not be obligated to provide shelter and habitation for the ex-spouse's new spouse.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe husband appealed provisions of a dissolution judgment awarding the wife use of the marital residence until the child turned eighteen and requiring…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Joint Tenancy cases and more on FLexlaw
NESBITT, Judge.
The husband appeals from certain provisions of a final judgment of dissolution of marriage. The only points which we consider deserving of our attention are: (a) the features of the judgment which awarded the wife the use and occupancy of the former marital residence until the parties’ child attains the age of eighteen years; and (b) that aspect which required the husband, under the guise of child support, to pay the mortgage payments, taxes, insurance, utilities, and to make minor repairs to the premises without credit for expenditures upon joint sale or ultimate partition of the premises. The wife was not awarded temporary or permanent periodic alimony.
Once again, we reiterate that, upon dissolution of a marriage, the parties become tenants in common in the marital home under Section 689.15, Florida Statutes (1979). As joint tenants, the obligations in the property are joint and the tenant meeting those obligations is entitled to credit, upon the sale or partition of the residence. Jones v. Jones, 330 So. 2d 536 (Fla. 1st DCA 1976); Lyons v. Lyons, 208 So. 2d 137 (Fla.3d DCA 1968); see also, Rutkin v. Rutkin, 345 So. 2d 400 (Fla.3d DCA 1977); Whiteley v. Whiteley, 329 So. 2d 352 (Fla. 4th DCA 1976). Consequently, the husband should be given credit for these expenditures upon the joint sale or ultimate partition of the premises.
The husband further challenges the provisions of the final judgment which granted the wife the use and occupancy of the home even if she remarried. This would leave the former husband the obligation to provide shelter and habitation for ex-wife’s new spouse. Such a ruling has no basis in law and is indeed a frustrating and pernicious rule to visit upon the former husband. Strollo v. Strollo, 365 So. 2d 189 (Fla. 1st DCA 1978); Jones v. Jones, supra; Hendricks v. Hendricks, 312 So. 2d 792 (Fla.3d DCA 1975). Consequently, this aspect of the judgment should be deleted.
Except as modified by this decision, the judgment is affirmed with directions to enter an appropriate judgment in accordance with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986)…as a matter of law, is entitled to credit. When spouses own property as tenants by the entirety, upon divorce they become tenants in common. § 689.15, Fla. Stat. (1985). As such, the tenants have joint responsibilities, Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981), and “have a mutual obligation to pay the charges upon the property,” Singer v. Singer, 342 So. 2d 861, 862 (Fla. 1st DCA 1977); Mintz v. Ellison, 233 So. 2d 156, 157 (Fla. 3d DCA 1970); see Maroun v. Maroun, 277 So. 2d 572 (Fla.…
-
Vickers v. Vickers, 413 So. 2d 788 (Fla. 3d DCA 1982)…of the mortgage payments. In the final judgment, Vickers should therefore be credited with his wife’s half of those payments which he has voluntarily made and which he will be ordered to make as a result of this opinion. Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981).…
-
Golden v. Zina Golden, 410 So. 2d 945 (Fla. 3d DCA 1982)…espects. First, the court should have credited the husband, when the proceeds of the parties’ residence are distributed, with half the amounts he expended for mortgage payments, taxes, insurance, utilities, and repairs. Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981); Rutkin v. Rutkin, 345 So. 2d 400 (Fla. 3d DCA 1977); Lyons v. Lyons, 208 So. 2d 137 (Fla. 3d DCA 1968). In addition, we reverse the imposition of a $15,000 special equity in the home to the wife as unjustified by the record or th…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Helene Leslie Lyons v. Lyons, 208 So. 2d 137 (Fla. 3d DCA 1968)
- Jones v. Jones, 330 So. 2d 536 (Fla. 1st DCA 1976)
- Hendricks v. Hendricks, 312 So. 2d 792 (Fla. 3d DCA 1975)
- Whiteley v. Whiteley, 329 So. 2d 352 (Fla. 4th DCA 1976)
- State v. Soto, 365 So. 2d 189 (Fla. 3d DCA 1978)
- Stenocomp, Inc. v. Automated Word Processing, Inc., 345 So. 2d 400 (Fla. 3d DCA 1977)