CAROL PREUDHOMME, APPELLANT,
v.
LUIS GUTIERREZ, APPELLEE
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In a marital dissolution case, the appellate court affirmed the trial court's determinations regarding parenting, property distribution, support, and fees, but remanded to clarify that the former wife is entitled to credit for paying the former husband's portion of mortgage interest, not just principal.
The trial court did not abuse its discretion in its dissolution determinations, which were supported by competent and substantial evidence, but the final judgment must be clarified to allow the former wife credit for paying the former husband's mortgage interest payments.
[1] In a marital dissolution case, a former spouse is entitled to receive credit for paying the other spouse's portion of mortgage interest payments on jointly owned property…
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Join FLexlaw to unlock all legal intelligence“As there is no basis in the record to relieve Former Husband of his responsibility for half of the entire mortgage payment, the final judgment must be clarified to reflect that Former Wife is entitled to receive credit for her payment of Former Husband's portion of the mortgage interest just as with the 'mortgage/equity line principal.'”
Court's explanation for the remand regarding mortgage payment credits.
Carol Preudhomme and Luis Gutierrez's long-term marriage was dissolved by final judgment, which addressed parenting, equitable distribution, the marit…
The full statement of facts, procedural history, and disposition for this case are member content.
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In this marital dissolution case, the long-term marriage of Appellant Carol Preu-dhomme (“Former Wife”) and Appellee Luis Gutierrez (“Former Husband”) was dissolved by final judgment, in which the trial court adopted the report of the general magistrate for a parenting plan, equitable distribution, the marital home, child support, alimony, and attorneys’ fees and costs. Former Wife appealed the various determinations in the final judgment.
We find that the trial court did not abuse its discretion in making its determi*684nations related to the dissolution of this marriage as the recommendations and findings in the magistrate’s report are supported by competent and substantial evidence. See Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla.1980). Although we affirm the substantive decisions in the final judgment, we remand with instructions for the trial court to amend section 14(c) of the final judgment respecting Former Wife’s ability to receive credits for paying Former Husband’s portion of the mortgage on the jointly owned home. As there is no basis in the record to relieve Former Husband of his responsibility for half of the entire mortgage payment, the final judgment must be clarified to reflect that Former Wife is entitled to receive credit for her payment of Former Husband’s portion of the mortgage interest just as with the “mortgage/equity line principal.” See Goolsby v. Wiley, 547 So.2d 227, 228 (Fla. 4th DCA 1989).
Affirmed, with a limited remand for the purpose of the trial court amending the final judgment consistent with this opinion.
DAMOORGIAN, C.J., MAY and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Goolsby v. Wiley, 547 So. 2d 227 (Fla. 4th DCA 1989)