MARCIA Z. BRANCOLINO, APPELLANT,
v.
FRANCES CARRETTA, GUARDIAN, RICHARD E. BRANCOLINO, APPELLEES
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The court reversed the trial court's finding that the husband had a special equity in the marital home based solely on a joint conveyance from his parents, holding that such a conveyance constitutes an equal gift to both spouses, and remanded for reconsideration of child support based on the husband's actual ability to pay.
A joint conveyance of property by the husband's parents to both spouses creates an equal gift to both grantees and does not establish a special equity in the husband in dissolution proceedings.
[1] A joint conveyance of property to husband and wife by the husband's parents constitutes an equal gift to both grantees and does not establish a special equity in the husb…
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Join FLexlaw to unlock all legal intelligence“Without more, such a conveyance constitutes an equal gift to the joint grantees and cannot form the basis for a special equity in subsequent dissolution proceedings.”
Court's statement of the legal principle governing joint conveyances in marital dissolution cases.
In a marital dissolution case, the husband's parents conveyed property to the husband and wife jointly. The trial court found the husband had a specia…
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PER CURIAM.
We reverse the trial court’s finding of a special equity for the husband in the former marital abode, which finding was grounded in the fact that the husband’s parents had conveyed the property to husband and wife jointly. Without more, such a conveyance constitutes an equal gift to the joint grantees and cannot form the basis for a special equity in subsequent dissolution proceedings. Manley v. Manley, 360 So. 2d 489 (Fla. 4th DCA 1978). See also Moore v. Moore, 401 So. 2d 841 (Fla. 5th DCA 1981). Because the ability of the husband to pay child support, the manner of its payment and the security therefor will be affected by our reversal on this point, the trial court, upon remand, will be required to take further evidence to determine the employability of the husband, the extent of his assets and ultimately his ability to pay and secure child support.
We also disagree with the trial court’s determination that the wife was not entitled to a special equity in the balance of the jointly held certificate of deposit, the funds for which came from the sale of property belonging to the wife’s father. We are not prepared to say, however, that the ultimate scheme of distribution could not be justified under other equitable principles and we therefore do not reverse on that point.
Except as originally indicated, we affirm the final judgment.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, and WALDEN, JJ., and FLEET, J. LEONARD, Associate Judge, concur.
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Smith v. Smith, 550 So. 2d 15 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Brancolino v. Carretta, 463 So. 2d 532 (Fla. 4th DCA 1985); Manley v. Manley, 360 So. 2d 489 (Fla. 4th DCA 1978).…
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Lessie R. (Buster) Williams v. Williams, 497 So. 2d 966 (Fla. 1st DCA 1986)…ife estate. We reverse, because the mere conveyance of real property from one spouse’s parents to a marital couple does not thereby create a special equity in the property, upon the subsequent dissolution of the marriage. See Brancolino v. Carretta, 463 So. 2d 532 (Fla. 4th DCA 1985); Moore v. Moore, 401 So. 2d 841 (Fla. 5th DCA 1981); Manley v. Manley, 360 So. 2d 489 (Fla. 4th DCA 1978). “Without more, such a conveyance constitutes an equal gift to the joint grantees and cannot form the basis for a special e…
Authorities Cited
- Deortha A. Moore v. Moore, 401 So. 2d 841 (Fla. 5th DCA 1981)
- Manley v. Manley, 360 So. 2d 489 (Fla. 4th DCA 1978)