BARBARA BLACKBURN
v.
RICHARD WISSNER
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Both former spouses are entitled to credit for their respective payments reducing the debt on jointly-held marital property subsequent to entry of the final judgment.
[1] A former spouse who makes payments reducing the debt on jointly-held marital property is entitled to credit for the other former spouse's proportionate share of such paym…
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Join FLexlaw to unlock all legal intelligence“Florida appellate courts have consistently held that a former spouse making payments on a jointly-held property is entitled to a credit for the other former spouse's share of the payments.”
Court's statement of applicable law regarding debt reduction credits on marital property
The parties were divorced in 2011 with a final judgment requiring sale of their marital home by September 5, 2015. After the final judgment, the forme…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BARBARA BLACKBURN,
Appellant/Cross-Appellee,
v. Case No. 5D17-2803
RICHARD WISSNER,
Appellee/Cross-Appellant. ________________________________/
Opinion filed November 2, 2018
Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.
Moses Robert Dewitt, of Dewitt Law Firm, P.A., Orlando, for Appellant/Cross- Appellee.
J. Brian Phillips, of J. Brian Phillips, P.A.,
Orlando, for Appellee/Cross-Appellant.
PER CURIAM.
Barbara Blackburn (“Former Wife”) appeals the order denying her motion for contempt/enforcement filed against Richard Wissner (“Former Husband”). Former Husband cross-appeals the trial court’s order requiring him to bring to the closing for the former marital home one-half of the closing costs required to effectuate the sale. Former Husband also argues that the trial court’s order requiring the sale of the former marital
2 home was unconstitutional as it forced Former Husband to sell his homestead property. We affirm, without further discussion, all issues raised in Former Husband’s cross-appeal.
The parties were divorced in 2011. Among the numerous items addressed in the final judgment was the sale of the parties’ marital home. The final judgment provided for the parties to retain joint ownership of the marital home and for the home to be placed on the market for sale on a date upon which the parties mutually agreed, but no later than September 5, 2015. Prior to the sale and closing on the marital home, both parties made payments that resulted in the reduction of the debt owed on the home. Former Wife claimed approximately $84,000 in payments, and Former Husband claimed approximately $3,300 in payments.
Former Wife argues that the trial court erred in denying her motion for contempt/ enforcement and in failing to award her credit for her reduction of the debt owed on the marital home from the date of the final judgment. The final judgment held Former Wife responsible for all expenses related to the home and set out that the net profit or losses divided at the sale would be equal. It further provided that Former Wife would receive credit for the reduction in debt from the time of the final judgment as additional share, if any.1 Florida appellate courts have consistently held that a former spouse making payments on a jointly-held property is entitled to a credit for the other former spouse’s share of the payments. See Hoyt v. Hoyt, 457 So. 2d 599, 600 (Fla. 1st DCA 1984);
EVANDER and EISNAUGLE, JJ., and ROGERS, S.G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. Smith, 390 So. 2d 1223 (Fla. 1st DCA 1980)
- Hoyt v. Hoyt, 457 So. 2d 599 (Fla. 1st DCA 1984)
- Dodson v. Persell, 392 So. 2d 1008 (Fla. 3d DCA 1981)
- Tucker v. Tucker, 392 So. 2d 1008 (Fla. 1st DCA 1981)