JOSEPH ABDO MAROUN, APPELLANT,
v.
ING-MARIE MAROUN, APPELLEE
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In this Florida dissolution of marriage appeal, the court affirmed the trial court's award of alimony, child support, and the husband's interest in marital property to the wife, but reversed the requirement that the wife convey her interest in improved Lake Placid real estate to the husband, applying the presumption that property acquired with the husband's funds and taken in joint names constitutes a gift to the wife.
The court affirmed the alimony and child support awards, finding sufficient evidence in the record to support them and holding that the trial court did not abuse its discretion. The court reversed the requirement that the wife convey her interest in the improved Lake Placid property, applying the presumption that property acquired with the husband's funds and taken in joint names constitutes a gift to the wife.
[1] A court granting a dissolution of marriage may award a spouse's interest in property held as tenants by the entireties to the other spouse as lump sum alimony.
[2] An appellant seeking reversal of a dissolution judgment concerning alimony bears the burden of demonstrating an abuse of discretion by the trial court.
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Join FLexlaw to unlock all legal intelligence“It is presumed that a gift to the wife is intended when property is acquired with funds of the husband and taken in the joint names of the husband and wife.”
Establishes the presumption applicable to property titled in joint names when acquired with husband's funds, which the trial court failed to rebut.
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Join FLexlaw to unlock all legal intelligenceAppellant Joseph Maroun and appellee Ing-Marie Maroun divorced on July 27, 1972. The trial court awarded the wife custody of their six-year-old child,…
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Appellant, respondent below, seeks review of a final judgment awarding the ap-pellee, petitioner below, alimony, child support, and equity in the marital residence.
On July 27, 1972 petitioner-wife was granted a dissolution of marriage. The court awarded her the following: (1) custody of the six year old child, (2) $100 per week alimony and child support to November 1, 1972, (3) $75 per week thereafter, (4) the interest of respondent-husband in their marital residence as lump sum alimony, and (5) attorney’s fees plus costs. Petitioner was ordered to convey to appellant-husband, her interest in the improved parcel of Lake Placid real estate which was held as an estate by the en-tireties.
Appellant-husband contends that the lump sum alimony and periodic alimony and child support are excessive in amount in view of the needs and ability to pay and, therefore, are error and abuse of discretion. We hold to the contrary.
First, there is ample authority that a court granting a dissolution of marriage can award the husband’s interest in property, which the husband and wife owned as tenants by the entireties, to the wife as lump sum alimony. F.S. § 61.08 F.S.A.; Kilian v. Kilian, Fla.App.1957, 97 So.2d 201; Bildner v. Bildner, Fla.App.1969, 219 So.2d 749.
Second, there was sufficient evidence to sustain the amount awarded for alimony and child support based upon the testimony elicited at the hearing. Appellant, a mechanical engineer, is drawing $200 to $300 per week out of a business of which he is a 50% owner. He presently owns a 1972 Cadillac automobile and recently sold a 1970 Lincoln automobile. He owns on Lake Placid a parcel of improved property which is held with his wife as an estate by the entireties. He also owns another lake lot which is vacant. Further, petitioner-wife has no income and no assets other than an interest in the two parcels of real property held with her husband as an estate by the entireties.
It is well established that in order to obtain a reversal of any portion of a final dissolution of a marriage judgment dealing with alimony, the appellant must carry the burden of showing an abuse of discretion. See Milander v. Milander, Fla.App.1968, 208 So.2d 876 and cases cited therein. We find that appellant-husband has failed to carry his burden. Accordingly, that part of the judgment awarding lump sum alimony and periodic alimony and child support is affirmed.
On cross-appeal petitioner-wife contends it was error to order her to convey to the husband the interest of the wife in the Lake Placid parcel of improved real estate owned by the parties as an estate by the entireties. We agree.
It is presumed that a gift to the wife is intended when property is acquired with funds of the husband and taken in the joint names of the husband and wife. Thus, it follows that it was error in the case sub judice for the lower court to require the petitioner-wife to convey to her respondent-husband her interest in the improved Lake Placid property which was acquired with the husband’s funds, absent evidence to rebut the presumption that in taking the property in the joint names of the parties, a gift to the wife was intended. See Smith v. Smith, Fla.App.1965, 177 So.2d 351 and cases cited therein.
The judgment in the case at bar should have provided that the parties hold the interest in the improved parcel of Lake Placid real estate as tenants in common, and further contained an appropriate provision with regard to payments on the mortgage, taxes, and other items so that the *574equity of one of the parties would not be increased by any expenditures made by the other party.
Accordingly, that part of the judgment that deals with the interest of the wife in the improved Lake Placid property is reversed. Otherwise the judgment is affirmed, and the cause is remanded for further appropriate proceedings.
We would like to stress one final point in response to appellant’s contention in oral argument that he does not now have the financial ability to make the payments as required by the trial court. If, in fact, the financial circumstances of the respondent-husband have changed since the hearing, he always has the opportunity to seek modification of the judgment pursuant to F.S. § 61.14 F.S.A.
Affirmed in part, reversed in part and remanded for further proceedings in accordance with the views expresed herein.
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Citator
Cited By (11 total)
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Maita P. Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977)…ants in common have a mutual obligation to pay the charges upon the property. Mintz v. Ellison, 233 So. 2d 156 (Fla.3d DCA 1970). The equity of one of the parties should not be increased by any expenditures made by the other party. Maroun v. Maroun, 277 So. 2d 572 (Fla.3d DCA 1973). The judgment before us violates both of these principles. The judgment should provide that payments on the mortgage, taxes, insurance, maintenance and repair shall be paid equally by the parties. So that the parties will know, we…
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Tinsley v. Tinsley, 490 So. 2d 205 (Fla. 3d DCA 1986)…Abella, 393 So. 2d 40 (Fla. 3d DCA 1981), and “have a mutual obligation to pay the charges upon the property,” Singer v. Singer, 342 So. 2d 861, 862 (Fla. 1st DCA 1977); Mintz v. Ellison, 233 So. 2d 156, 157 (Fla. 3d DCA 1970); see Maroun v. Maroun, 277 So. 2d 572 (Fla. 3d DCA 1973). This statutory property obligation is distinct from any obligation which may result from the trial court’s final judgment grant ing dissolution of the marriage. See Spikes v. Spikes, 396 So. 2d 1192 (Fla. 3d DCA 1981). It is impe…
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Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975)…merit to any of his contentions relating to custody, lump sum alimony, awarding of country club membership, etc. Milander v. Milander, Fla.App.1968, 208 So. 2d 876; Goldblatt v. Goldblatt, Fla.App.1973, 277 So. 2d 34; Maroun v. Maroun, Fla.App.1973, 277 So. 2d 572; Ebaugh v. Ebaugh, Fla.App.1973, 282 So. 2d 14; Anderson v. Anderson, Fla.App.1974, 289 So. 2d 463; Linares v. Linares, Fla.App. 1974, 292 So. 2d 63; Todd v. Todd, Fla.App.1975, 311 So. 2d 769. We do find that the support for the children should ha…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Milander v. Milander, 208 So. 2d 876 (Fla. 3d DCA 1968)
- Bildner v. Bildner, 219 So. 2d 749 (Fla. 3d DCA 1969)
- John v. Kilian, 97 So. 2d 201 (Fla. 3d DCA 1957)
- State v. Lockett, 97 So. 2d 201 (Fla. 2d DCA 1957)
- Smith v. Smith, 177 So. 2d 351 (Fla. 2d DCA 1965)