MARGARET ASSAF BEAN, APPELLANT,
v.
RICHARD LOUIS BEAN, APPELLEE
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Florida appellate court affirmed the dissolution judgment's alimony and equitable distribution awards but reversed the trial court's award of credits to the former husband for post-separation mortgage payments, taxes, insurance, and repairs on the marital home.
Credits for post-separation payments on marital property cannot be awarded absent a showing of special circumstances or basis in law or fact.
[1] In equitable distribution of marital property upon dissolution of marriage, credits for post-separation payments on the marital home are not supported by law or fact abse…
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Join FLexlaw to unlock all legal intelligence“the award of credits to the former husband from August 1991 through the date of the final judgment is not supported by law or fact”
Court's explanation for reversing the trial court's credit award
In a dissolution of marriage, the parties' marital home held as tenancy by the entireties was to be sold with equity split equally, but the trial cour…
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PER CURIAM.
Appellant, the former wife, appeals a final judgment of dissolution of marriage contending the award of rehabilitative alimony and the equitable distribution provisions are erroneous. With the exception of one error which requires reversal, we find no abuse of discretion in the awards made by the trial court.
With regard to the parties’ marital home, which was an entireties property, the trial court required that it be sold and the equity split equally between the parties except, however, that upon the sale of the home, the former husband “shall receive a credit against the wife’s interest in the home for one-half of all mortgage payments, taxes, insurance premiums related to the home and repairs necessary for the sale of the home which have occurred since the date of the parties’ separation in August 1991.” We agree with the former wife that the award of credits to the former husband from August 1991 through the date of the final judgment is not supported by law or fact. Taber v. Taber, 626 So. 2d 1089 (Fla. 1st DCA 1993). While the Taber court remanded this issue to the trial court for reconsideration of whether the former husband could prove that some special credit should be given for the payments made during the marriage, we are satisfied that in this instance, there is no basis for granting credits prior to the final judgment.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
SMITH, JOANOS and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ponte v. Ponte, 692 So. 2d 283 (Fla. 1st DCA 1997)…ion. We have held that when a home is held in tenancy by the entireties, both parties are obligated for the debt and expenses on the property, and expenditures made during the marriage are presumed to be in furtherance of the marriage. Bean v. Bean, 641 So. 2d 157 (Fla. 1st DCA 1994); Taber v. Taber, 626 So. 2d 1089, 1090 (Fla. 1st DCA 1993). A party seeking to show a special interest or special credit for contributions has the burden of showing that such payment was from nonmarital funds or as a result of sp…
Authorities Cited
- Taber v. Taber, 626 So. 2d 1089 (Fla. 1st DCA 1993)