CLARA JANER, APPELLANT,
v.
EDUARDO D. JANER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this divorce property settlement dispute, the wife sought a credit for mortgage and tax payments she made on the marital home before its sale, arguing she should be reimbursed from the husband's share of sale proceeds. The court affirmed the trial court's decision that the property settlement agreement's provision for equal division of sale proceeds precluded such a credit.
The wife is not entitled to a credit. Because the property settlement agreement explicitly provided for equal division of sale proceeds and was silent on the credit issue, the agreement's terms prevail and the proceeds must be split equally between the parties.
[1] A property settlement agreement incorporated into a divorce judgment, which provides for an equal division of sale proceeds from marital property, will prevail over a par…
[2] A party seeking contribution for mortgage and tax payments on marital property occupied pursuant to a property settlement agreement must generally seek such contribution…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The property settlement agreement was prepared by wife's counsel and the wife never sought contribution for the disputed expenses prior to sale.”
Supports the court's finding that the wife accepted the terms of the agreement and cannot now seek a credit she did not originally claim.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties were divorced in August 1980 with a final judgment incorporating a property settlement agreement. The agreement provided that the wife wou…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Property Settlement Agreement Interpretation cases and more on FLexlaw
PER CURIAM.
In August, 1980, the parties herein were divorced. The final judgment incorporated therein a property settlement agreement which provided in part that the marital home was to be occupied by the wife and the couples’ minor child. It provided that the wife was to keep current all mortgages, tax and insurance payments on the property and that when the property was ultimately sold the proceeds would be distributed equally. The agreement was silent as to whether or not the wife was to receive a credit for mortgage payments, etc. at time of sale. The property was sold and the wife moved to enforce the property settlement and sought a credit against the husband’s proceeds of sale for what she contended was his share of the mortgage and taxes.
The trial court, after hearing the cause, determined that he was bound by the property settlement agreement, and split the proceeds of the sale equally. We agree with the trial court and affirm. The property settlement agreement was prepared by wife’s counsel and the wife never sought contribution for the disputed expenses prior to sale. The fact that the instant case involves a property settlement agreement distinguishes this case from the line of cases holding where the judgment of dissolution is silent as to this matter the party paying these expenses could get a credit against the spouses share of the proceeds of the sale. In as much as the property settlement agreement provided an equal division of the proceeds of sale it should prevail. See Mandy v. Williams, 492 So. 2d 759 (Fla. 4th DCA 1986); Neal v. Neal, 403 So. 2d 621 (Fla. 5th DCA 1981); Poling v. Tresidder, 373 So. 2d 405 (Fla. 4th DCA 1979).
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hernandez v. Walfrido Hernandez, 645 So. 2d 171 (Fla. 3d DCA 1994)…requested credit for one-half of these amounts. The trial court order denied credit, and the former wife contends that this ruling was erroneous. [*173] In denying credit, the trial court evidently relied on this court’s decision in Janer v. Janer, 532 So. 2d 59 (Fla. 3d DCA 1988). In that case, as in this one, a property settlement agreement required the wife to make mortgage payments on the property. “The agreement was silent as to whether or not the wife was to receive a credit for mortgage payments, etc…
-
Agerskov v. Gabriel, 596 So. 2d 1172 (Fla. 2d DCA 1992)…effect to modify, rather than enforce, the final judgment which had incorporated the language of the property settlement agreement. See Everett v. Everett, 561 So. 2d 1267 (Fla. 1st DCA 1990), rev. denied, 576 So. 2d 286 (Fla.1990); Janer v. Janer, 532 So. 2d 59 (Fla. 3d DCA 1988). Our conclusion that the order modified, rather than enforced, the agreement is buttressed by the portion of the order noted above which provides the husband with a deduction for additional reasonable operating expenses for the p…
-
Everett v. Everett, 561 So. 2d 1267 (Fla. 1st DCA 1990)…nd that the proceeds of the sale of the home are to be evenly divided. We find that the plain language of the property settlement agreement2 governs and provides that the proceeds from the sale of the home should be divided equally. Janer v. Janer, 532 So. 2d 59 (Fla. 3d DCA 1988); Mandy v. Williams, 492 So. 2d 759 (Fla. 4th DCA 1986). In view of this holding, it is unnecessary to rule on appellant’s alternative claim of offset for rental value. Accordingly, we reverse the trial court’s order awarding appe…
Authorities Cited
- Mandy v. Williams, 492 So. 2d 759 (Fla. 4th DCA 1986)
- Poling v. Tresidder, 373 So. 2d 405 (Fla. 4th DCA 1979)
- MAY v. Williams, 403 So. 2d 621 (Fla. 5th DCA 1981)
- Neal v. Neal, 403 So. 2d 621 (Fla. 5th DCA 1981)