ROBERTA MCCAHILL MCKENRY, APPELLANT,
v.
CARL E. B. MCKENRY, JR., APPELLEE
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.
In this Florida dissolution of marriage case, the wife appealed a supplemental final judgment awarding the Virginia property to the husband and the Coral Gables home to the wife. The court affirmed the trial judge's authority to divide real property held by the entireties when both parties agree to such division without regard to special equities.
The trial court had authority to divide the real property held by the entireties because both parties sought such division and tried the matter without objection. The wife failed to prove her claim of a resulting trust in favor of her mother, and the trial court did not err in entering a supplemental judgment determining the parties' real property rights after dissolving the marriage.
[1] A trial court may divide real property held by the entireties if the division is sought by a party and tried without objection.
[2] A party claiming a resulting trust must prove the claim with sufficient evidence.
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“A trial judge is authorized to make a division of real property even if held by an estate by the entireties, if such division is sought by one of the parties and tried without objection.”
Establishes the court's legal authority to divide property held by the entireties when parties agree to such division.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties owned two properties as tenants by the entireties: a Coral Gables home and Virginia property. Both the husband and wife claimed special eq…
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 Property Division cases and more on FLexlaw
PER CURIAM.
Roberta McCahill McKenry, respondent wife, takes this appeal from the property award of a supplemental final judgment of dissolution.
In the petition for dissolution of marriage, the husband, Carl E. B. McKenry, Jr., alleged special equities in the Virginia property owned by the parties by the entireties, and in the answer and counterclaim, the wife also claimed special equities therein. At the conclusion of the initial hearing, the trial court entered a final judgment of dissolution of marriage and by stipulation of the parties reserved jurisdiction “with regard to the division of or award of property.” Upon further hearing, the court entered its supplemental final judgment of dissolution in which the court found that the parties’ Coral Gables home, also owned by the entireties, and the Virginia property had approximately equal equity; that the Virginia property was acquired through the efforts of the husband and that having been raised in Virginia, the husband had a great affinity for that property. The court ordered that title to the Coral Gables home vest solely in the wife, and title to the Virginia property vest solely in the husband. It is from this judgment that the wife appeals.
The thrust of the wife’s appeal is that because of the absence of a finding by the court that the husband had a special equity in the Virginia land or that the wife had a special equity in the Coral Gables property, the court had no power to award the properties as it did. The husband contends, and the record so reflects, that there was an agreement by and between the parties to settle all matters except division of the properties and that this matter was to be determined by the judge without regard to special equities.
A trial judge is authorized to make a division of real property even if held by an estate by the entireties, if such division is sought by one of the parties and tried without objection. Walton v. Walton, Fla.App. 1974, 290 So. 2d 110, 112.
The wife also contends that the court erred in failing to establish a resulting trust in the Virginia property in favor of the wife’s mother and, further, that it was error to enter a supplemental judgment of dissolution determining the parties’ real property rights, subsequent to the entry of the judgment dissolving the marriage. There was ample testimony in the record to support the finding of the trial court that the wife’s claim of a resulting trust in favor of her mother was not proved. The point as to reservation of jurisdiction to enter a subsequent judgment in this case is governed by Farr v. Farr, Fla.App.1971, 249 So. 2d 761 and Kipnis v. Kipnis, Fla.App.1976, 330 So. 2d 67, and will not be further discussed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Guenevere Jennings v. Jennings, 341 So. 2d 541 (Fla. 2d DCA 1977)…gment of Dissolution remains interlocutory until such time as a Final Judgment of Dissolution is later entered determining all property rights and confirming the interlocutory judgment previously entered.” 310 So. 2d at 379. Cf. McKenry v. McKenry, 336 So. 2d 20 (Fla.3d DCA 1976). The pertinent provisions in the final judgment of dissolution of January 7, 1974 provide, 3. The Court reserves jurisdiction to partition the marital home pursuant to Chapter 64, Florida Statutes, (1971). 5. The Court retains j…
-
Davis v. Davis, 355 So. 2d 196 (Fla. 3d DCA 1978)…property on either a special equity or resulting trust theory. Hendricks v. Hendricks, 312 So. 2d 792 (Fla.3d DCA 1975); Walton v. Walton, 290 So. 2d 110 (Fla.3d DCA 1974); Ball v. Bali, 303 So. 2d 32 (Fla.2d DCA 1974). See also McKenry v. McKenry, 336 So. 2d 20 (Fla.3d DCA 1976); Robinson v. Robinson, 340 So. 2d 935 (Fla.4th DCA 1976); Ezell v. Ezell, 320 So. 2d 427 (Fla.3d DCA 1975); Olsen v. Olsen, 195 So. 2d 864 (Fla.3d DCA 1967). Accordingly, the final judgment appealed from is hereby affirmed. Affir…
Authorities Cited
- Norwood K. Walton v. Walton, 290 So. 2d 110 (Fla. 3d DCA 1974)
- Farr v. Rhoda Farr (Landis), 249 So. 2d 761 (Fla. 3d DCA 1971)
- Kipnis v. Kipnis, 330 So. 2d 67 (Fla. 3d DCA 1976)