DOROTHY NELL DUNCAN, APPELLANT,
v.
TOMMY DAVID DUNCAN, SR., APPELLEE
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Wife appeals from a divorce decree that awarded husband exclusive use of an Alabama property based on his special equity contribution to its construction, required her to bear half the debt on husband's truck loan, and denied her attorney's fees request. The appellate court affirmed, finding the trial court did not abuse its discretion.
The trial court properly awarded husband exclusive use of the Alabama house based on his significant personal contribution to its construction. Wife's obligation to share the truck loan debt was proper, especially since the court equalized vehicle values by requiring husband to pay wife an additional sum. Wife was not entitled to attorney's fees because she had sufficient funds from the divorce award to pay for her attorney.
[1] A trial court may award exclusive use of a marital asset to one spouse based on the other spouse's significant personal contribution to its acquisition or construction, e…
[2] A loan undertaken during a marriage to finance the purchase of an asset awarded to one spouse upon dissolution may be equitably divided between the parties.
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Join FLexlaw to unlock all legal intelligence“The record reveals that husband drew the blueprints and laid the foundation for the house himself, and personally contracted out the carpentry, bricklaying, plumbing and wiring work on it. In addition, he made numerous weekly trips from Pensacola to Alabama over a three-month period to pay the subcontractors and otherwise supervise the construction of the house. We find this significant personal contribution to be sufficient to establish a special equity in husband in the Alabama house”
Establishes the factual basis for finding special equity in the Alabama property based on husband's labor and supervision
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Join FLexlaw to unlock all legal intelligenceThe parties were divorced and the trial court awarded wife alimony, child support, and exclusive use of the marital home while minor children lived wi…
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PER CURIAM.
This is an appeal from a final judgment and an amendment to the final judgment of dissolution.
The trial court originally made alimony and child support awards to appellant/wife and awarded her the exclusive use of the marital home as long as the minor children continued to live with her unmarried. Subsequently, on its own motion, the trial court awarded husband the exclusive occupancy of another house owned by the parties in Opp, Alabama, also until the minor children reached majority. Later the court granted a Petition for Clarification filed by husband which provided that wife’s half of certain certificates of deposit awarded in the final judgment be charged with one-half of a loan against them which had financed the purchase of a truck for husband during the marriage. After a hearing, the trial court found a special equity in favor of husband and reinstated its order giving him the exclusive use of the Alabama house as long as the minor children resided with wife unmarried. The court denied wife’s request for attorney’s fees.
Finally, he ordered husband to pay wife an additional $1,750 to equalize the values of the vehicles awarded in the final judgment, but reinstated his order charging wife’s part of the certificates of deposit with one-half of the loan on husband’s truck. This appeal by wife ensued.
Wife contends first that the trial court erred in awarding the exclusive use of the Alabama house to husband as long as the minor children continued to live with wife unmarried. We do not agree.
The record reveals that husband drew the blueprints and laid the foundation for the house himself, and personally contracted out the carpentry, bricklaying, plumbing and wiring work on it. In addition, he made numerous weekly trips from Pensacola to Alabama over a three-month period to pay the subcontractors and otherwise supervise the construction of the house.
We find this significant personal contribution to be sufficient to establish a special equity in husband in the Alabama house, at least to the extent of granting him the exclusive use of that house while wife has exclusive use of the parties’ marital home. See Ball v. Ball, 335 So. 2d 5 (Fla.1976).
Wife’s second point disputes the trial court’s requirement that she be responsible for one-half of the debt on the 1972 GMC pick-up truck awarded to husband. We do not find an abuse of discretion in the disposition here. The loan secured by the certificates was undertaken during the marriage; and when the certificates were divided equally upon dissolution it was completely proper for the court to split the obligation as well. In addition, the court upon the rehearing equalized the values of the vehicles awarded by requiring husband to pay a large additional sum to wife. The point is without merit.
Finally wife contends that the court erred in failing to award her attorney’s fees. Again we do not agree. Wife was awarded substantial sums of cash in the final judgment of dissolution sufficient to pay her attorney for his services in the cause. It is improper to award attorney’s fees to a party who has the ability to pay. Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977); Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977). There was no abuse of discretion.
The judgment is AFFIRMED.
McCORD, C. J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.
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Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)…OVERTON, Justice. This cause is before the Court on a petition for certiorari to review the decision of the First District Court of Appeal reported at 356 So. 2d 28 (Fla. 1st DCA 1978). The district court approved the trial court’s judgment, which included as part of an overall property disposition the award to the husband of exclusive use of jointly held Alabama property occupied by thq husband’s parents. The…
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Corinne Hartman v. Hartman, 384 So. 2d 277 (Fla. 4th DCA 1980)…PER CURIAM. AFFIRMED on the authority of Canakaris v. Canakaris, 382 So. 2d 1197, (Fla. Case No. 54,124, Opinion issued March 27, 1980), and Duncan v. Duncan, 356 So. 2d 28 (Fla. 1st DCA 1978). LETTS, C. J., and BERANEK and HERSEY, JJ., concur.…
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DIX v. DIX, 400 So. 2d 1294 (Fla. 4th DCA 1981)…om any statements to that effect contained in our opinion in Hanzelik v. Hanzelik, 294 So. 2d 116 (Fla. 4th DCA 1974). See Abbott v. Abbott, 297 So. 2d 608 (Fla. 2d DCA 1974); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); and Duncan v. Duncan, 356 So. 2d 28 (Fla. 1st DCA 1978). ANSTEAD, MOORE and GLICKSTEIN, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shannon v. State, 335 So. 2d 5 (Fla. 1976)
- Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977)
- Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977)