JOYCE M. JOHNSON, APPELLANT,
v.
CHARLES H. JOHNSON, APPELLEE

Fla. 4th DCA | 1977-08-16
No. 76-1270
CROSS and DAUKSCH, JJ., concur.
349 So. 2d 698 Florida District Court of Appeal, Fourth District (1977) Caution
Cited by 10 cases

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.

Synopsis

In a divorce proceeding, the trial court awarded the husband full title to marital property (The Harborage) after the wife had executed a quitclaim deed conveying her interest solely to facilitate a potential sale while she was traveling. The appellate court reversed, finding that the wife retained a beneficial interest in the property through constructive trust principles and remanded for recalculation of the wife's allowances.


Holding

The wife retained a beneficial interest in the property through constructive trust principles and is entitled to a one-half interest in The Harborage as a tenant in common. The husband, as constructive trustee, must convey the wife's one-half interest back to her, and the trial court must reassess the wife's allowances accordingly.


Headnotes

[1] A quitclaim deed executed for the sole purpose of facilitating the sale of property held as a tenancy by the entireties does not extinguish the grantor's beneficial inter…

[2] When one party conveys an interest in real property without consideration to enable the grantee to sell the property for the benefit of both parties, the grantee holds on…

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Key Quotes

“When Mrs. Johnson conveyed her interest in the tenancy by the entireties it was not with the intention of relinquishing all of her beneficial interest in the property and vesting it in her husband, but rather it was done purely as a matter of convenience so that the property might be sold for the benefit of both husband and wife.”

Establishes that the wife's intent in executing the quitclaim deed was limited to facilitating a sale, not permanently transferring her beneficial interest.

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Facts & Procedural History

During their marriage, the Johnsons acquired property known as The Harborage as tenants by the entireties and built a residence on it, though they nev…

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Opinion of the Court
ALDERMAN, Chief Judge.

ALDERMAN, Chief Judge.

The wife who brings this appeal from certain provisions of a final judgment of dissolution of marriage raises only one point which presents a valid challenge to the trial court’s rulings.

During the Johnsons’ marriage the couple acquired, as tenants by the entireties, a lot on which they constructed a large residence which they called The Harborage. The Johnson family never lived in The Harbor-age; instead, they decided to put it up for sale. Before Mrs. Johnson left the United States on a vacation trip she executed a quitclaim deed conveying her interest in The Harborage to her husband. Both Mr. and Mrs. Johnson agree that the purpose of the quitclaim deed was to make possible the sale of the property if a buyer should be found while Mrs. Johnson was out of the country. The property was never sold, and the title remained in Mr. Johnson’s name. When the marriage was dissolved, the trial court decreed, despite the wife’s claim of an interest in The Harborage, “That the Husband’s right, title and interest in and to . . . THE HARBORAGE, being the sole title therein, is hereby ratified and confirmed.”

We reverse because of that provision of the final judgment. When Mrs. Johnson conveyed her interest in the tenancy by the entireties it was not with the intention of relinquishing all of her beneficial interest in the property and vesting it in her husband, but rather it was done purely as a matter of convenience so that the property might be sold for the benefit of both husband and wife. Had the wife not executed the quitclaim deed the property would presumably have been held as a tenancy by the entire-ties until the dissolution of the marriage, at which time the wife would have become, by operation of law, the owner of a one-half interest in The Harborage as a tenant in common.

In the light of these circumstances, it would be inequitable and contrary to the original intent of the parties for the husband to retain full title to The Harbor-age. When Mrs. Johnson conveyed her interest in The Harborage to her husband, she became the beneficiary under a constructive trust and he became the trustee. Compare: LeCain v. Becker, 58 So. 2d 527 (Fla.1952). Where one party conveys an interest in real property, without consideration, in order that the grantee may sell that interest on behalf of the grantor, the grantee gains only a naked legal title, while beneficial ownership remains in the grant-or. See, for example, Craft v. Craft, 74 Fla. 262, 76 So. 772 (1917).

A beneficiary under a constructive trust is entitled to have his original interest restored, and to be re-established in his title. Allen v. Tatham, 56 So. 2d 337 (Fla. 1952). As constructive trustee, the appellee must convey to the appellant a one-half interest in The Harborage property; the marriage having been dissolved, the wife will now hold her interest as a tenant in common with her former husband.

Our holding upsets the balance between the parties as established by the trial court’s final judgment. We reverse and remand with directions that the trial court reassess the various allowances made to the wife, in view of the fact that she now owns half of The Harborage property.

Reversed and remanded for further proceedings consistent with this opinion.

CROSS and DAUKSCH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dell E. Barfield and Louis W. Barfield v. Bradshaw, 442 So. 2d 1002 (Fla. 1st DCA 1983)
    …intment of a trustee, and the rule is that a beneficiary under a constructive trust is entitled to have his original title restored. Allen v. Tatham, 56 So. 2d 337 (Fla.1952); Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (Fla.1927); Johnson v. Johnson, 349 So. 2d 698 (Fla. 4th DCA 1977). AFFIRMED in part, REVERSED in part, and REMANDED to the trial court for further proceedings consistent with this opinion. WENTWORTH and JOANOS, JJ., concur.…
  • Mayer v. Cianciolo, 463 So. 2d 1219 (Fla. 3d DCA 1985)
    …hase money received therefor to the grantor, a trust in the property is created, and the grantee holds only the bare legal title while the grantor retains the beneficial interest in the property. Craft was cited with approval in Johnson v. Johnson, 349 So. 2d 698 (Fla. 4th DCA 1977). In Johnson, a husband and wife owned certain real property as tenants by the entirety. The parties wished to sell the property, a large residence which they called the The Harborage. Before Mrs. Johnson left for a vacation trip…
  • …ermitted to hold. 374 So. 2d at 73-74 (emphasis added).17 When a constructive trust is created, the beneficiary (in this case, the PSSB) “is entitled to have his original interest restored, and to be reestablished in his title.” Johnson v. Johnson, 349 So. 2d 698, 699 (Fla.D.C.A. 4th 1977); see also, Allen v. Tatham, 56 So. 2d 337, 340-41 (Fla.1952). This remedy follows as a matter of common sense since the purpose of the constructive trust is to prevent the unjust enrichment of the more culpable of the part…

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