RONNIE FRALEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Green v. Green, 16 So. 3d 298 (Fla. 1st DCA 2009)
  …ount approximately 30% less than one-half of the payments. It is well settled in Florida that the tenants of an estate by the entirety become tenants in common upon entry of the final judgment granting dissolution of marriage. McCarthy v. McCarthy, 922 So. 2d 223 (Fla. 3d DCA 2005). As tenants in common they are responsible for dividing equally all payments such as mortgage payments, taxes, repairs and insurance, necessary to maintain them ownership of the property until its sale. Kelly v. Kelly, 583 So. 2d…
• Costa v. Costa, 951 So. 2d 924 (Fla. 4th DCA 2007)
  …additional testimony. As for Giovanni’s second issue on appeal, we find the trial court erred in awarding Janet a credit for 100% of the house expenses she will incur while in possession of the marital home. Giovanni relies on McCarthy v. McCarthy, 922 So. 2d 223 (Fla. 3d DCA 2005) for his assertion that Janet should only receive a credit for 50% of expenses that constituted his obligation for the marital home. In McCarthy the trial court awarded the former wife exclusive use and possession of the marital h…
• Martinez-Noda v. Zurami Pascual, 305 So. 3d 321 (Fla. 3d DCA 2020)
  …tribution of the proceeds of the sale warrants further discussion. Tompkins v. Wheeler, 41 U.S. 106, 116, 10 L. Ed. 903 (1842). “Upon dissolution of marriage, the tenants of an estate by the entirety become tenants in common.” McCarthy v. McCarthy, 922 So. 2d 223, 226 (Fla. 3d DCA 2005) (citation omitted). Tenants in common bear “equal responsibility in making all payments necessary to maintain their ownership of the property.” Kelly v. Kelly, 583 So. 2d 667, 668 (Fla. 1991). Thus, each co-tenant is ultim…

Authorities Cited

• Thompson v. State, 695 So. 2d 691 (Fla. 1997)
• State v. Barnum, 921 So. 2d 513 (Fla. 2005)