GARRETT G. SALSMAN, APPELLANT,
v.
LOIS E. SALSMAN, APPELLEE
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A divorced husband was required to continue making mortgage payments designated as alimony to his ex-wife's estate after her death and the subsequent sale of the marital home. The court affirmed the trial court's order requiring the husband to pay the outstanding mortgage balance to the estate at the stipulated rate.
The court affirmed that the husband's obligation to make mortgage payments as designated alimony continued and remained binding even after the ex-wife's death, requiring him to pay the outstanding mortgage balance of $6,118.36 to her estate at the rate of $101 per month.
[1] A separation agreement incorporated into a final judgment of divorce, which obligates a husband to make mortgage payments on the marital home awarded to the wife, constit…
[2] Payments made by a husband pursuant to a divorce decree to satisfy a mortgage on the former marital home awarded to the wife are considered lump-sum alimony payable in pe…
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“All payments made by the husband on the mortgage indebtedness shall be considered lump-sum alimony, payable in periodic payments.”
The separation agreement provision that classified the mortgage payments as alimony, establishing they were not subject to termination upon the ex-wife's death.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBy a 1968 divorce judgment incorporating a separation agreement, the husband agreed to make all mortgage payments on the marital home as lump-sum alim…
The full statement of facts, procedural history, and disposition for this case are member content.
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BOYER, Judge.
By final judgment of divorce dated December 18, 1968 appellant and Lois E. Sals-man were divorced. Incorporated in the final judgment, ratified and affirmed was a separation agreement entered into between the parties.
Numbered paragraph four thereof provides in material part as follows:
“The wife is to have as her sole and exclusive property [the marital home]. The husband agrees to make all the mortgage payments which are now due or may hereafter become due upon said house and lot, which mortgage * * * has monthly payments in the approximate amount of $101. The husband’s responsibility for making these mortgage payments shall continue until the mortgage indebtedness is paid in full. All payments made by the husband on the mortgage indebtedness shall be considered lump-sum alimony, payable in periodic payments.”
The wife died in November of 1974 and her daughter was appointed personal representative of her estate. The husband (appellant) continued to make the monthly payments on the mortgage after the death of his ex-wife until January of 1977 when the property was sold by the personal representative. At that time the balance due on the mortgage in the sum of $6,118.36 was paid by the wife’s estate. When the husband failed to pay the estate the amount that was due on the mortgage at the time it was paid off, the personal representative intervened in the original divorce proceeding and obtained an order requiring the husband to pay to his former wife’s estate the “pay off balance” at the rate of $101.00 per month, which is the order here appealed. That order recited, in material part, as follows:
“This cause came on to be heard * * * upon the petition filed by the personal representative of the Estate of Lois E. Salsman, Oral Stipulation of facts by the parties, * * * and the Court finding that Garrett Salsman had made mortgage payments pursuant to the Final Judgment of Divorce entered by the Court on December 18, 1968, until January 1, 1977, such payments being in the nature of a property settlement and not subject to termination, and the Court further finding that the property in question was sold by the Estate of Lois E. Salsman in January of 1977, and at the time of the sale the balance owing by Garrett Salsman' was $6,118.36, it is therefore “ORDERED AND ADJUDGED that the Respondent, Garrett G. Salsman, shall make payments to the Estate of Lois E. Salsman in the amount of * * * $101.00 per month, until the amount of * * * $6,118.36 is fully paid. * *”
We agree with the trial court and with the appellee that this court’s opinion in Horton v. Horton, 330 So. 2d 69 (Fla. 1st DCA 1976) is dispositive. Indeed, the facts of this case are much stronger than those in Horton.
AFFIRMED.
McCORD, C. J., and MELVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wooten v. Wooten, 407 So. 2d 980 (Fla. 4th DCA 1981)…ents on the marital home after it was sold by the wife. Under the circumstances of this case and the agreement in question, we believe the trial court properly found that the husband was so obligated, and we therefore affirm. See Salsman v. Salsman, 360 So. 2d 54 (Fla. 1st DCA 1978); Horton v. Horton, 330 So. 2d 69 (Fla. 1st DCA 1976). AFFIRMED. LETTS, C. J., and MOORE and BERA-NEK, JJ., concur.…
Authorities Cited
- Horton v. Horton, 330 So. 2d 69 (Fla. 1st DCA 1976)