KERRIGAN
v.
ESTATE OF JOHN EDWARD KERRIGAN, PAGE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Constance Kerrigan appealed a final divorce judgment, challenging the trial court's failure to award her an equitable share of the mortgage paydown on her ex-husband's premarital home that was paid with marital funds during the marriage. The Florida Second District Court of Appeal affirmed most of the judgment but reversed the equitable distribution component, holding that the $355,674 reduction in mortgage principal paid from marital funds constituted a marital asset subject to equitable distribution.
Yes. The court held that under Florida Statutes section 61.075(6)(a)(1)(c), the reduction in mortgage principal paid from marital funds is a marital asset, and the non-mortgaged-property spouse is entitled to receive one-half of that paydown amount in equitable distribution.
[1] The reduction in the principal balance of a mortgage secured by nonmarital real property constitutes a marital asset when the mortgage is paid down with marital funds dur…
[2] Marital funds used to reduce the mortgage on nonmarital property create an increase in equity that is a marital asset subject to equitable distribution.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the reduction in the principal balance of a note and mortgage secured by nonmarital real property is a marital asset "if the note and mortgage secured by the property are paid down from marital funds during the marriage."”
Establishes the statutory basis for treating mortgage paydowns as marital assets under Florida law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Kerrigans lived in the husband's premarital home (the "Bentcross" property) during their marriage. A $1 million mortgage secured the property. Evi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Nonmarital Assets cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CONSTANCE KERRIGAN,
Appellant,
v.
DEBORAH KERRIGAN PAGE, as personal representative of the Estate of John Edward Kerrigan, deceased, Appellee.
No. 2D2023-2186
December 27, 2024
Appeal from the Circuit Court for Pasco County; Brian Gnage, Judge. Allison M. Perry of Florida Appeals, P.A., Tampa; and Russell G. Marlowe of Russell G. Marlowe, P.A., New Port Richey, for Appellant. Brooke Elvington, Dunedin, for Appellee. NORTHCUTT, Judge.
Constance Kerrigan appeals the final judgment dissolving her marriage to John Edward Kerrigan, raising three issues.1 We affirm as to two of her complaints without comment. But we agree with her remaining assertion that the trial court erred by failing to distribute her
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kerrigan v. Page (Fla. 2d DCA 2026)
Authorities Cited
- Ballard v. Ballard, 158 So. 3d 641 (Fla. 1st DCA 2014)
- Somasca v. Somasca, 171 So. 3d 780 (Fla. 2d DCA 2015)
- Serap Frederick v. Frederick, 257 So. 3d 1105 (Fla. 2d DCA 2018)