JAMES C. MCCARTHY, APPELLANT,
v.
CATHERINE J. MCCARTHY, APPELLEE
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In this dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's property division award, finding that the wife was not entitled to a special equity claim based on a loan her mother made jointly to both spouses for their marital home. The court clarified that special equity only applies when loans are made to one spouse individually, not when made jointly to both spouses.
The wife is not entitled to a special equity based on the mother's joint loan to both spouses. Special equity only arises when a third party makes a loan to one spouse individually, not when the loan is made jointly to both spouses. The case is remanded for the trial court to reconsider whether it intended to award a special equity and to redistribute the property accordingly.
[1] A special equity in jointly owned marital property may arise when the property has been acquired, in whole or in part, with funds unconnected with the marital relationshi…
[2] The party claiming a special equity must demonstrate their equitable interest to the exclusion of a reasonable doubt.
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Join FLexlaw to unlock all legal intelligence“The term 'special equity' was created to describe a vested interest in property brought into the marriage or acquired during the marriage because of contribution of services or funds over and above normal marital duties.”
Establishes the definition and purpose of special equity in marital property division
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Join FLexlaw to unlock all legal intelligenceDuring the marriage, the wife's mother loaned the couple $30,398 to purchase their marital home. At the time of divorce, the parties had repaid $15,15…
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RYDER, Acting Chief Judge.
Husband raises several interrelated points in his appeal from the trial court’s final judgment of dissolution of marriage. In essence, husband contends that the trial court abused its discretion in finding a special equity in favor of wife because of a loan wife’s mother made to the couple jointly. We agree.
“The term ‘special equity’ was created to describe a vested interest in property brought into the marriage or acquired during the marriage because of contribution of services or funds over and above normal marital duties.” Canakaris v. Canakaris, 382 So. 2d 1197, 1200 (Fla.1980). “A special equity in jointly owned marital property may arise in those instances where the property has been acquired, in whole or in part, with funds unconnected with the marital relationship.” Antonini v. Antonini, 473 So. 2d 739, 741 (Fla. 1st DCA 1985). The party claiming the special equity must demonstrate “his or her equitable interest, ‘to the exclusion of a reasonable doubt.’ ” Id.
Where a party outside of the marriage makes a loan to either the husband or the wife alone, the husband or the wife receiving the loan is entitled to a special equity. Howard v. Howard, 310 So. 2d 430 (Fla. 4th DCA 1975). Where a party outside of the marriage makes a loan to the husband and wife jointly, neither party is entitled to a special equity. Id.
In the instant case, wife’s mother loaned the couple $30,398.00 to purchase the couple’s marital home. By the time of the divorce, the parties had repaid the mother $15,150.00. Thus, $15,248.00 remained unpaid on the loan.
Wife’s counter-petition for divorce claimed that during the marriage, she and husband acquired both real and personal property in which she claimed a special equity “[b]y virtue of loan funds obtained from her mother for the purchase of certain property....” However, at trial, both the wife and the mother testified that the loan was made to both husband and wife. Indeed, wife testified that she and husband called her mother to request a loan to purchase their home. She testified that they were both to be accountable for repayment of the loan. Wife’s mother testified that both her daughter and her son-in-law had requested the loan and that the loan was made to both of them.
Although the trial court’s final decree of dissolution of marriage did not provide that wife was given a special equity in the real property, the trial court awarded the wife $15,248.00 to be paid out of the proceeds from the sale of the marital home before the proceeds were equally divided. The $15,248.00 amount awarded is the exact amount wife claimed as a special equity for repayment of the mother’s loan.
We must remand this cause to the trial court for a determination of whether the $15,248.00 amount was a special equity. If the trial court intended to award a special equity, the trial court erred and the trial court must reconsider its distribution of the property of the parties. Husband and wife should become tenants in common of their jointly held properties. McCready v. McCready, 356 So. 2d 337, 339 (Fla. 4th DCA 1978). Wife is not entitled to a special equity in the mother’s loan to the couple jointly.
Reversed.
LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990)…inez’s special equity in the marital home. It is well established that where a party outside of the marriage makes a loan to the husband and wife jointly, neither of them is entitled to a special equity based on that gift. See McCarthy v. McCarthy, 528 So. 2d 97 (Fla. 2d DCA 1988) (trial court abused its discretion in finding a special equity in favor of the wife based on a loan the wife’s mother made to the couple jointly); Howard v. Howard, 310 So. 2d 430 (Fla. 4th DCA 1975) (if the trial court determines…
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Taaffe v. Taaffe, 849 So. 2d 1201 (Fla. 5th DCA 2003)…the former wife’s mother. A loan creates a marital debt and does not give rise to a special equity merely because one of the spouses is related to the lender. See Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990) (citing McCarthy v. McCarthy, 528 So. 2d 97 (Fla. 2d DCA 1988)) (“trial court abused its discretion in finding a special equity in favor of the wife based on a loan the wife’s mother made to the couple jointly”); Howard v. Howard, 310 So. 2d 430 (Fla. 4th DCA 1975) (“if the trial court determ…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Elisabetta La Monaca Antonini v. Antonini, 473 So. 2d 739 (Fla. 1st DCA 1985)
- Howard v. Howard, 310 So. 2d 430 (Fla. 4th DCA 1975)
- Colonnades Beach Hotel v. Williams, 356 So. 2d 337 (Fla. 4th DCA 1978)
- McCREADY v. McCREADY, 356 So. 2d 337 (Fla. 4th DCA 1978)