FREDA M. HOYT, APPELLANT,
v.
MAX A. HOYT, APPELLEE
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In a post-divorce partition dispute, Freda Hoyt appealed an order determining how ownership expenses on the former marital home would be credited from Max Hoyt's share of partition proceeds. The court held that mortgage interest payments made by the exclusive possessor constitute reimbursable ownership expenses under tenancy-in-common principles, and modified the trial court's order accordingly.
Mortgage interest payments, in addition to property taxes, insurance premiums, maintenance expenses, and mortgage principal, constitute ownership expenses for which a former spouse in exclusive possession is entitled to a credit against the other former spouse's share of proceeds upon sale of jointly-owned property.
[1] A former spouse in exclusive possession of jointly-owned property is entitled to a credit against the other former spouse's share of sale proceeds for one-half of mortgag…
[2] When jointly-owned property is partitioned, a spouse who exclusively possessed the property and paid ownership expenses is entitled to reimbursement for one-half of those…
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Join FLexlaw to unlock all legal intelligence“When a former spouse in exclusive possession of jointly-owned property pays all ownership expenses thereon, that spouse is entitled to a credit against the other former spouse's share of the proceeds when the property is sold.”
Establishes the foundational principle for reimbursement rights in jointly-owned property disputes after divorce.
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Join FLexlaw to unlock all legal intelligenceThe parties divorced in 1975, and Freda was awarded exclusive use and possession of the former marital home during the minority of the children, with …
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MILLS, Judge.
Freda Hoyt, former wife of Max Hoyt, appeals from an order of the trial court setting out Max’s obligation to pay ownership expenses on the former marital home. Freda contends the trial court erred in not requiring Max to reimburse her for one-half of the mortgage interest payments made by her during her exclusive use and possession of the home. We agree, modify the order, and affirm it as modified.
The parties were divorced in 1975. At that time, Freda was awarded exclusive use and possession of the former marital home during the minority of the children. She was required to pay all ownership expenses, including mortgage payments.
In 1983, the trial court granted Max’s request for partition. The order provided:
Upon the sale of the property, the outstanding mortgage indebtedness shall be first retired. Broker fees, closing charges and all similar obligations shall be next paid. The equity thus established shall then be distributed between Freda M. Hoyt and Max A. Hoyt after adjustments chargeable against Mr. Hoyt’s portion of those proceeds are credited to Mrs. Hoyt for any sums she expended on the property that were an obligation by law of Mr. Hoyt as a tenant in common.
Freda then filed with the trial court a motion for clarification asking the court to declare one-half of the principal and interest portions of the mortgage payments an obligation of Max as a tenant in common. In response, the trial court issued an order requiring Max to pay Freda from his share of the partition proceeds: (1) one-half of the principal paid by Freda during her exclusive possession; (2) one-half of all property taxes paid by Freda during her exclusive possession; (3) one-half of all hazard insurance premiums paid by Freda during her exclusive possession; and (4) one-half of all reasonable maintenance expenses incurred by Freda during her exclusive possession. The order did not require Max to reimburse Freda for any mortgage interest paid by her during her exclusive use and possession of the former marital home.
When a former spouse in exclusive possession of jointly-owned property pays all ownership expenses thereon, that spouse is entitled to a credit against the other former spouse’s share of the proceeds when the property is sold. Kohn v. Kohn, 423 So. 2d 575 (Fla. 1st DCA 1982). In addition to property taxes, insurance premiums, maintenance expenses, and mortgage principal payments, such credit also includes mortgage interest payments. Price v. Price, 389 So. 2d 666 (Fla. 3d DCA 1980); Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975); Guthrie v. Guthrie, 315 So. 2d 498 (Fla. 4th DCA 1975); Lyons v. Lyons, 208 So. 2d 137 (Fla. 3d DCA 1968).
We therefore modify the order appealed to include the requirement that Max pay Freda from his share of the partition proceeds one-half of the mortgage interest paid by Freda during her exclusive use and possession of the former marital home.
As modified, the order is AFFIRMED.
ERVIN, C.J., and ZEHMER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Donsky-Levine v. Levine, 658 So. 2d 1023 (Fla. 4th DCA 1995)…erts, such credit should be given for mortgage interest and principal payments, taxes, insurance, maintenance, and repairs from the time of separation to the date of the sale. Greenberg v. Greenberg, 602 So. 2d 626 (Fla. 4th DCA 1992); Hoyt v. Hoyt, 457 So. 2d 599 (Fla. 1st DCA 1984); Delehant v. Delehant, 442 So. 2d 1009 (Fla. 4th DCA 1983); Guthrie v. Guthrie, 315 So. 2d 498 (Fla. 4th DCA 1975). As to all of the foregoing errors, we reverse and remand with instruction for the trial court to remedy same.…
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Dugan v. Dugan, 498 So. 2d 989 (Fla. 1st DCA 1986)…ive use and possession of the marital home. Tinsley v. 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 perc…
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Poole v. Savage, 525 So. 2d 982 (Fla. 1st DCA 1988)…nding the boundary line of Lot 29 and one-half of the mortgage, tax and insurance payments on Lot 29 that Savage made on behalf of both parties between the date of the supplemental final judgment and the date the property was sold. See Hoyt v. Hoyt, 457 So. 2d 599 (Fla. 1st DCA 1984). Poole next argues that the trial court’s calculation of the value of her interest was also error in that the record does not support the determination of outstanding indebtedness on Lot 29. The trial court determined that The…
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
- Helene Leslie Lyons v. Lyons, 208 So. 2d 137 (Fla. 3d DCA 1968)
- Price v. Price, 389 So. 2d 666 (Fla. 3d DCA 1980)
- Guthrie v. Guthrie, 315 So. 2d 498 (Fla. 4th DCA 1975)
- Adkins v. Edwards, 317 So. 2d 770 (Fla. 2d DCA 1975)
- Kohn v. Emmett Lee Kohn, 423 So. 2d 575 (Fla. 1st DCA 1982)