THOMAS WESLEY ANDERSON, APPELLANT,
v.
VIVIAN ANDERSON, APPELLEE
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An ex-marital home held as tenants in common is subject to partition upon remarriage of the custodial spouse, regardless of that spouse's obligation to pay mortgage, tax, and insurance expenses.
An ex-marital home owned as tenants in common by former spouses is subject to partition when the custodial spouse remarries, even though the custodial spouse bore the costs of maintaining the property.
[1] An ex-marital home owned as tenants in common by former spouses becomes subject to partition upon the remarriage of the custodial spouse, notwithstanding the custodial sp…
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Join FLexlaw to unlock all legal intelligenceAfter dissolution of marriage, the ex-marital home was owned as tenants in common by the ex-husband and ex-wife, with the custodial spouse having excl…
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COWART, Judge.
The ex-marital home, owned as tenants in common1 by the ex-husband and ex-wife after dissolution of marriage but subject to the exclusive possession of the custodial spouse and a child of the dissolved marriage, is subject to partition upon re-marriage of the custodial spouse. See, e.g., Scheuermann v. Scheuermann, 423 So. 2d 411 (Fla. 4th DCA 1982); Cannon v. Morris, 407 So. 2d 372 (Fla. 1st DCA 1981); Lambert v. Lambert, 403 So. 2d 484 (Fla. 1st DCA 1981); Caldwell v. Caldwell, 400 So. 2d 1270 (Fla. 5th DCA 1981); Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981); McMaster v. McMaster, 379 So. 2d 189 (Fla. 4th DCA 1980). This result is not affected by the fact that the custodial spouse was required to make the mortgage, tax and insurance payments on the ex-marital home as an incident of such exclusive possession.2
Accordingly, the order dismissing the husband’s partition action is
REVERSED AND REMANDED.
FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. . § 689.15, Fla.Stat. (1981).
. See, e.g., Cannon v. Morris, 407 So. 2d 372 (Fla. 1st DCA 1981) (wife required to make mortgage, taxes, insurance payments); Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977) (wife required to make one-half of the mortgage payment).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Markham v. Markham, 485 So. 2d 1299 (Fla. 5th DCA 1986)…1301] remarry before the child attained her majority. We have held that a spouse’s right, as custodian of the minor children, to the exclusive occupancy of a marital residence terminates upon the occupying spouse’s remarriage. Anderson v. Anderson, 424 So. 2d 943 (Fla. 5th DCA 1983). This avoids imposing the obligation to provide shelter and support for the new spouse of a former spouse. Lambert v. Dracos, 403 So. 2d 481 (Fla. 1st DCA 1981). Therefore, upon remand, we direct that the trial court so modify th…
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Kirkland v. Kirkland, 568 So. 2d 494 (Fla. 1st DCA 1990)…. 2d 932 (Fla. 1st DCA 1983). “This result is not affected by the fact that the custodial spouse was required to make the mortgage, tax and insurance payments on the ex-marital home as an incident of such exclusive possession.” Anderson v. Anderson, 424 So. 2d 943, 944 (Fla. 5th DCA 1983) (footnote omitted) (citing Cannon v. Morris, 407 So. 2d 372 (Fla. 1st DCA 1981)). On remand, the trial court is directed to award the husband exclusive use and possession of the marital home until the minor child turns eight…
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Smith v. Moughan, 442 So. 2d 338 (Fla. 5th DCA 1983)…omitted) Condrey v. Condrey, 92 So. 2d 423, 426 (Fla.1957). Ordinarily exclusive possession of the marital home is awarded by the court as a facet of support and will terminate upon remarriage of the spouse in possession. See Anderson v. Anderson, 424 So. 2d 943 (Fla. 5th DCA 1983); Harvey v. Harvey, 411 So. 2d 324 (Fla. 5th DCA 1982); Caldwell v. Caldwell, 400 So. 2d 1270 (Fla. 5th DCA 1981). However, there is nothing to prevent a party from agreeing to a particular arrangement as the appellant did here.…1 / 2
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
- Maita P. Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977)
- Cannon v. Morris, 407 So. 2d 372 (Fla. 1st DCA 1981)
- Manuel E. Abella-Fernandez, M.D. v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981)
- Lambert v. Lambert, 403 So. 2d 484 (Fla. 1st DCA 1981)
- In re the Marriage of Henry James Caldwell v. Caldwell, 400 So. 2d 1270 (Fla. 5th DCA 1981)
- Villasana v. Drillick, 379 So. 2d 189 (Fla. 3d DCA 1980)
- McMASTER v. McMASTER, 379 So. 2d 189 (Fla. 4th DCA 1980)
- Scheuermann v. Scheuermann, 423 So. 2d 411 (Fla. 4th DCA 1982)