GEORGE LEVIE, APPELLANT,
v.
MARY ELLEN LEVIE, APPELLEE
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Husband's appeal of divorce judgment is reversed and remanded because he is entitled to a special equity in the marital home, credit for post-dissolution mortgage payments, determination of non-marital property ownership, and reconsideration of private school payment obligation absent demonstrated necessity.
A husband is entitled to a special equity in the marital home, credit for mortgage payments made after dissolution until sale, determination of non-marital property ownership, and reversal of the private school payment requirement absent evidence of necessity.
[1] A husband is entitled to a special equity in the marital home and credit for mortgage payments made from the date of dissolution until the sale of the property.
[2] Upon remand in a dissolution case, the trial court must determine ownership of specific non-marital property items and apply equitable distribution principles to the over…
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage, the trial court awarded the marital home to the wife without providing the husband a special equity or credit for mortga…
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BASKIN, Judge.
The husband has appealed the Amended Final Judgment of Dissolution of Marriage. We reverse upon a finding that he is entitled to a special equity in the marital home, Landay v. Landay, 429 So. 2d 1197 (Fla. 1983); to credit for mortgage payments made from the date of dissolution until the sale of the marital home, Price v. Price, 389 So. 2d 666 (Fla. 3d DCA 1980), review denied, 397 So. 2d 778 (Fla.1981); to a determination of ownership of specific items of non-marital property, see Lopez v. Lopez, 447 So. 2d 898 (Fla. 3d DCA 1983); and, absent evidence demonstrating necessity, to reversal of the requirement that he pay for the child’s attendance at private school.
We remand with directions to the trial court to: award the husband a special equity in the marital home pursuant to Lan-day; provide for a mortgage payment credit to the husband; and determine ownership of specific items of non-marital property. Furthermore, we direct the trial court to review the respective financial positions of the parties and to apply equitable distribution principles to determine the appropriate disposition of this cause. Tronconi v. Tronconi, 466 So. 2d 203 (Fla.1985). Upon remand, the parties may present evidence in connection with the need for the child to attend private school.
Reversed and remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sumner Landay v. Landay, 429 So. 2d 1197 (Fla. 1983)
- Tronconi v. Tronconi, 466 So. 2d 203 (Fla. 1985)
- Price v. Price, 389 So. 2d 666 (Fla. 3d DCA 1980)
- Lopez v. Lopez, 447 So. 2d 898 (Fla. 3d DCA 1983)