LOUIE E. BRITT, APPELLANT,
v.
CATHERINE A. BRITT, APPELLEE
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A court in a dissolution proceeding cannot partition jointly owned property absent an agreement or appropriate pleadings.
The former husband appealed a final judgment of dissolution of marriage that ordered the sale of the parties' real property. The parties did not seek …
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THOMPSON, Judge.
The former husband appeals a final judgment of dissolution of marriage which, inter alia, requires the parties’ real property to be sold and the proceeds divided, orders the husband to pay $100 per week child support and convey a Chevrolet pick up truck to the former wife, and which awards the wife a mortgage held by the parties as lump sum alimony. We affirm the final judgment with the exception of the portion which orders the sale of the parties’ real property.
Partition of the property was not sought or agreed to by the parties, and a court in a dissolution proceeding has no authority to partition jointly owned property absent an agreement of the parties or appropriate pleadings. Borntraeger v. Borntraeger, 521 So. 2d 125 (Fla. 1st DCA 1987) review denied 531 So. 2d 1352 (Fla.1988). A general prayer to equitably divide jointly held property does not constitute a prayer for partition. Cyphers v. Cyphers, 373 So. 2d 442 (Fla. 3d DCA 1979). The remaining issues are without merit.
We therefore reverse only that portion of the final judgment which directs that the real property owned by the parties shall be sold and the proceeds divided between the parties. This reversal is without prejudice to either party to properly seek partition if so desired. In all other respects, the final judgment of dissolution of marriage is affirmed. REVERSED in part, AFFIRMED in part.
SMITH and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990)…party agreed or requested partition of the marital home. In dissolution proceedings, the court has no authority to partition jointly-held property in the absence of the parties’ agreement or a specific pleading requesting partition. Britt v. Britt, 552 So. 2d 323 (Fla. 1st DCA 1989); Borntraeger v. Borntraeger, 521 So. 2d 125 (Fla. 1st DCA 1987), rev. denied, 531 So. 2d 1352 (Fla. 1988); Zeller v. Zeller, supra. A general prayer for equitable division of the parties’ property in the petition for dissolution…
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Becker v. Becker, 778 So. 2d 438 (Fla. 1st DCA 2001)…d not have the authority to order the sale of the parties’ Minnesota property. In a dissolution proceeding, a trial court has no authority to partition jointly held property without an appropriate pleading or argument by the parties. Britt v. Britt, 552 So. 2d 323, 324 (Fla. 1st DCA 1989). However, this issue pertaining to the wife’s dissolution petition is being raised for the first time on appeal and is not subject to review by this Court. See Wilkerson, 675 So. 2d at 952; Garcia v. Garcia, 445 So. 2d 1093…
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Watson v. Raymon O. Watson, 646 So. 2d 297 (Fla. 5th DCA 1994)…dings or raised in evidence, and thus was not an issue for the judge to decide. Willis v. Willis, 574 So. 2d 328 (Fla. 5th DCA 1991); Martinez v. Martinez, 573 So. 2d 37, 43 (Fla. 1st DCA 1990), rev. den., 581 So. 2d 1309 (Fla.1991); Britt v. Britt, 552 So. 2d 323, 324 (Fla. 1st DCA 1989); Borntraeger v. Borntraeger, 521 So. 2d 125, 126 (Fla. 1st DCA 1987), rev. den., 531 So. 2d 1352 (Fla.1988). The order of partition is quashed. In all other respects the judgment is affirmed. AFFIRMED in part; REVERSED i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cooper v. Dade Cnty., 373 So. 2d 442 (Fla. 3d DCA 1979)
- Borntraeger v. Borntraeger, 521 So. 2d 125 (Fla. 1st DCA 1987)