SANDRA HOLITZNER, APPELLANT,
v.
THOMAS HOLITZNER, APPELLEE
Explore caselaw by topic → Browse Equitable Distribution Of Marital Assets cases and more on FLexlaw
IMPERATO, CYNTHIA, Associate Judge.
We affirm and remand for findings in accordance with this opinion. It appears the trial court, pursuant to section 61.075, Florida Statutes, sought to divide the marital assets equally and allow the wife to live in the marital home until the children were emancipated. However, it is unclear how the proceeds from the marital home were to be distributed once the home is sold, and if the former wife is entitled to reimbursement as a co-tenant for all expenses relating to the home that she incurs during the period of exclusive possession.
Section 61.077, Florida Statutes, provides, in relevant part,
A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale.
§ 61.077, Fla. Stat. (2005).
Therefore, we remand to the trial court to address the issue of whether the wife is entitled to any credits or set-offs upon the sale of the marital home.
GROSS and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hannya Silverman v. Silverman, 940 So. 2d 615 (Fla. 2d DCA 2006)…assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale. The statute then lists the factors the trial court should consider in determining the issue.1 Id.; see also Holitzner v. Holitzner, 920 So. 2d 827, 828 (Fla. 4th DCA 2006) (remanding for the trial court to address, in accordance with section 61.077, the issue of whether the wife was entitled to credits or setoffs upon sale of the marital home). Therefore, on remand the trial court shall specif…
-
Cardella-Navarro v. Navarro, 992 So. 2d 856 (Fla. 3d DCA 2008)…t of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale.” § 61.077, Fla. Stat. (2008). See also Holitzner v. Holitzner, 920 So. 2d 827, 828 (Fla. 4th DCA 2006). Here, there was no settlement agreement on credits or setoffs. In such a situation, section 61.077 allows the court to consider certain factors in determining the issue of credits or setoffs. The Amended Final Judgment doe…
-
Swergold v. Swergold, 82 So. 3d 1148 (Fla. 4th DCA 2012)…940 So. 2d 615, 618 (Fla. 2d DCA 2006) (remanding for trial court to address factors in section 61.077 and whether wife was entitled to credits or setoffs upon sale of marital home, where final judgment was silent on matter); Holitzner v. Holitzner, 920 So. 2d 827, 828 (Fla. 4th DCA 2006) (remanding for reconsideration where trial court failed to specify how proceeds from sale of marital home would be distributed and whether wife, as co-tenant, would be entitled to reimbursement for expenses related to the ho…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence