ELIZABETH B. BOLTON, APPELLANT,
v.
WILLIAM O. BOLTON, APPELLEE

Fla. 2d DCA | 1982-11-05
No. 82-201
GRIMES, A.C.J., and DANAHY, J., concur.
421 So. 2d 697 Florida District Court of Appeal, Second District (1982) Positive Treatment
Cited by 6 cases

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.

Synopsis

Elizabeth Bolton appeals a dissolution of marriage judgment awarding her ex-husband a one-half interest in a home she owned individually. The court reverses, holding that no competent evidence supports the award as either lump-sum alimony or special equity, and remands for retrial.


Holding

The court holds that no competent, substantial evidence in the record supports the award as lump-sum alimony or special equity. The court reverses and remands for retrial, permitting appellee to seek reformation of the deed on proper pleadings if he can establish the parties intended his name to appear on the deed.


Headnotes

[1] A court may not dispose of property interests by equitable distribution.

[2] A special equity in property requires a contribution from a source unconnected to the marriage.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“no competent, substantial evidence appears in the record below to support the award either as lump-sum alimony or a special equity”

The court's holding that the lower court lacked sufficient evidentiary support for the judgment.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Boltons married in 1962. Appellant paid appellee's dental school tuition and living expenses. In 1969, appellant purchased a home in St. Petersbur…

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.


Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Elizabeth B. Bolton appeals from the terms of a final judgment of dissolution of marriage, alleging that the lower court erred in awarding appellee William 0. Bolton a one-half interest in a home individually owned by appellant. We agree and reverse.

Following appellant’s petition for dissolution, appellee counter-petitioned asserting an undivided one-half interest in the marital home, special equity in that property, and requesting partition and sale of the home. Subsequently, the parties stipulated to amend the pleadings to permit the request for all relief available under the decision of Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). The lower court heard evidence and entered a final judgment awarding appellee an undivided one-half interest in the marital domicile.

The parties were married in 1962. At that time, neither party had assets other than an automobile and each had a college degree. Shortly after the marriage, appel-lee attended dental school. Appellant paid appellee’s tuition and the parties’ living expenses. Appellee became a practicing dentist in St. Petersburg, and the home in question was purchased there for $19,000 in 1969. Appellant negotiated for purchase of the property and took title in her name alone. Although appellee signed the note and mortgage, he did not learn that the property was not titled jointly for several years.

The parties have not lived together since 1973, when appellant returned to the Florida State University to receive a postgraduate education degree. Appellant took a job in Richmond, Virginia from 1975-77 and is currently employed by the University of Florida Co-Operative Extension Service. From 1973 on, appellee alone lived in the home in question, paying all expenses and mortgage payments. During the course of the marriage, five dissolution proceedings were instituted; two were filed before purchase of the home in 1969.

Appellant argues on appeal that no special equity was either pled or proven, since appellee made no contribution to the home over and above his marital duties. Appellant suggests that lump-sum alimony was neither pled nor indicated by the needs of appellee or ability of appellant wife to make such a payment. Appellant points out that the court may not dispose of property interests by equitable distribution. Powers v. Powers, 409 So. 2d 177 (Fla. 2d DCA 1982).

Appellee replies that the lower court found the house to be owned by both parties, who intended that appellee would have his name on the deed. Appellee suggests the award is sustainable as lump-sum alimony because appellant had the ability to turn over the one-half interest and appellee had no other place to live. Appellee suggests further that he has a special equity in the home since he alone maintained it since 1973.

We hold that no competent, substantial evidence appears in the record below to support the award either as lump-sum alimony or a special equity. Nothing was adduced below to show either that appellee needed financial support from appellant or that appellee contributed to the home asset from a source unconnected to the marriage. See Canakaris, supra. There was testimony tending to support reformation of the deed on the theory that the parties intended appellee’s name to appear on the deed. However, appellee did not plead or seek reformation and cannot now introduce that theory on appeal.

We reverse the aspects of the final judgment below dealing with the parties’ property and remand for retrial on those issues, without prejudice to appellee to seek reformation of the deed on appropriate pleadings.

GRIMES, A.C.J., and DANAHY, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992)
    …is v. Canakaris, 382 So. 2d 1197, 1200 (Fla.1980); Duncan v. Duncan, 379 So. 2d 949, 951-52 (Fla.1980). Special equities are generally based upon the contribution of funds from sources unconnected with the marital relationship. See Bolton v. Bolton, 421 So. 2d 697 (Fla. 2d DCA 1982); Tommaney v. Tommaney, 405 So. 2d 454 (Fla. 2d DCA 1981). Karen Dyson’s contribution of funds toward the payment of the mortgage does not constitute, on this record, a contribution of funds from a source unconnected with the marri…
  • Kuehn v. Orlosky, 470 So. 2d 831 (Fla. 2d DCA 1985)
    …ish a right in the wife to a special equity in that brokerage account. See Bassett v. Bassett, 459 So. 2d 473 (Fla. 2d DCA 1984); Lang v. Lang, 459 So. 2d 402 (Fla. 4th DCA 1984); Tyler v. Tyler, 427 So. 2d 1027 (Fla. 2d DCA 1983); Bolton v. Bolton, 421 So. 2d 697 (Fla. 2d DCA 1982). Whether or not the award could have been intended as lump sum alimony is not entirely clear. See Canakaris v. Canakaris, 382 So. 2d 1197, 1200-01 (Fla.1980). Further, there is no indication as to what portion of the foregoing fig…
  • Guarine v. Guarine, 525 So. 2d 1037 (Fla. 4th DCA 1988)
    …quity in the home to appellee, as appellee’s contribution to mortgage payments during the four-year marriage did not constitute a contribution “over and above normal marital duties.” See Ingram v. Ingram, 379 So. 2d 955 (Fla.1980); Bolton v. Bolton, 421 So. 2d 697 (Fla. 2d DCA 1982); Hottman v. Hottman, 418 So. 2d 304 (Fla. 4th DCA 1982). We note, as did Ingram and Hottman, that upon remand the trial court may make an alimony award to appellee if necessary to do equity between the parties. LETTS and GLICK…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw