BARBARA D. CALABRESE, APPELLANT/CROSS APPELLEE,
v.
GERARD A. CALABRESE, APPELLEE/CROSS APPELLANT
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The court held that the former husband was not entitled to a credit for mortgage payments made during a period when he only paid his half share.
The trial court awarded the former husband a credit for mortgage payments made after dissolution, including a period when he only paid his half share.…
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PER CURIAM.
We affirm on all issues save one. We reverse paragraph 18(c) in the trial court’s Findings of Fact and Final Judgment, and remand for the entry of an order correcting that provision.
In awarding the former husband a credit for mortgage payments made by him after the dissolution of marriage, the court erred by including within the credit an 18 month period when he made only his half share of the mortgage payments. The period ran from April 1989 to October 1990 when the house was sold. He is not entitled to a credit for that 18 month period because he incurred no burden for the former wife’s share of the mortgage payments during that period. See Kelly v. Kelly, 583 So. 2d 667, 668 (Fla.1991), and Brandt v. Brandt, 525 So. 2d 1017, 1019-21 (Fla. 4th DCA 1988). See also Mummaw v. Mummaw, 532 So. 2d 737 (Fla. 1st DCA 1988), and Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986).
On remand, the trial court shall limit the former husband’s mortgage-payment credit to the period from August 1987 to April 1989. In all other respects, the trial court’s disposition is affirmed.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.
LETTS, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988)
- Kelly v. Kelly, 583 So. 2d 667 (Fla. 1991)
- Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986)
- Mummaw v. Mummaw, 532 So. 2d 737 (Fla. 1st DCA 1988)