BILLY RIGGS, APPELLANT,
v.
DIANE RIGGS, APPELLEE
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Florida appellate court reversed the trial court's provision ordering future sale of marital home absent proper pleading for partition, but affirmed the remainder of the dissolution judgment.
A trial court cannot order the sale of jointly held property in a dissolution action without an agreement between the parties or an appropriate pleading seeking partition.
[1] A trial court in a dissolution of marriage action cannot order the sale of jointly held property absent an agreement between the parties or an appropriate pleading seekin…
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Join FLexlaw to unlock all legal intelligenceHusband appealed an amended final judgment of dissolution of marriage. The trial court awarded the marital home to the wife for her use and the minor …
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PER CURIAM.
Appellant-husband seeks review of an amended final judgment of dissolution of marriage.
This court has carefully considered all points raised by the parties in their briefs in light of the record and the controlling principles of law. We have concluded that, with one exception, no reversible error has been demonstrated.
The appellee-wife’s petition for dissolution of marriage filed below does not specifically seek partition of the marital property.
However, the amended final judgment, after awarding the marital home to the wife for the use and possession of herself and the minor children of the parties, provides that upon the attainment of majority by the minor children or upon remarriage by the appellee the marital home will be sold, and the parties shall each receive an equal share of the proceeds.
Generally, a trial court in an action for dissolution of marriage cannot order the sale of property which is held jointly absent an agreement between the parties or an appropriate pleading seeking to have the property partitioned. Banfi v. Banfi, Fla.App.1960, 123 So. 2d 52; Helsel v. Helsel, Fla.App.1962, 138 So. 2d 99; Goodstein v. Goodstein, Fla.App.1968, 212 So. 2d 321. Therefore, we hold that the provision of the amended final judgment providing that the marital domicile will be sold in the future was improper, and accordingly that provision is reversed.
The remainder of the amended final judgment hereby is affirmed.
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Weiner v. Al Weiner, 386 So. 2d 1251 (Fla. 3d DCA 1980)…sale of jointly-owned property; it may partition such interests only where the parties have so agreed, or where one party has sought such disposition through a proper pleading. Sniffin v. Sniffin, 352 So. 2d 113 (Fla. 4th DCA 1977); Riggs v. Riggs, 310 So. 2d 322 (Fla. 3d DCA 1975). In the case sub judice, the record discloses that no agreement was reached between the parties for the sale of their lot,- and that the sole prayer for partition was contained in appellee’s post-hearing motion to amend pleadings…
Authorities Cited
- Banfi v. Enrico Luigi Banfi, 123 So. 2d 52 (Fla. 3d DCA 1960)
- Helsel v. Helsel, 138 So. 2d 99 (Fla. 3d DCA 1962)
- Goodstein v. Goodstein, 212 So. 2d 321 (Fla. 3d DCA 1968)