Abella-Fernandez v. Abella, ABELLA-FERNANDE
| Decision Date | 20 January 1981 |
| Docket Number | No. 80-266,M,ABELLA-FERNANDE,80-266 |
| Citation | 393 So.2d 40 |
| Parties | Manuel E.D., Appellant, v. Alicia E. ABELLA, Appellee. |
| Court | Florida District Court of Appeals |
Harold M. Braxton, Miami, for appellant.
Alan M. Medof, Miami, for appellee.
Before HUBBART, C. J., and NESBITT, J., and MELVIN, WOODROW, M. (Ret.), Associate Judge.
The husband appeals from certain provisions of a final judgment of dissolution of marriage. The only points which we consider deserving of our attention are: (a) the features of the judgment which awarded the wife the use and occupancy of the former marital residence until the parties' child attains the age of eighteen years; and (b) that aspect which required the husband, under the guise of child support, to pay the mortgage payments, taxes, insurance, utilities, and to make minor repairs to the premises without credit for expenditures upon joint sale or ultimate partition of the premises. The wife was not awarded temporary or permanent periodic alimony.
Once again, we reiterate that, upon dissolution of a marriage, the parties become tenants in common in the marital home under Section 689.15, Florida Statutes (1979). As joint tenants, the obligations in the property are joint and the tenant meeting those obligations is entitled to credit, upon the sale or partition of the residence. Jones v. Jones, 330 So.2d 536 (Fla. 1st DCA 1976); Lyons v. Lyons, 208 So.2d 137 (Fla.3d DCA 1968); see also, Rutkin v. Rutkin, 345 So.2d 400 (Fla.3d DCA 1977); Whiteley v. Whiteley, 329 So.2d 352 (Fla. 4th DCA 1976). Consequently, the husband should be given credit for these expenditures upon the joint sale or ultimate partition of the premises.
The husband further challenges the provisions of the final judgment which granted the wife the use and occupancy of the home even if she remarried. This would leave the former...
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Lambert v. Lambert
...DCA 1978); Singer v. Singer, 342 So.2d 861 (Fla. 1st DCA 1977); Jones v. Jones, 330 So.2d 536 (Fla. 1st DCA 1976); Abella-Fernandez v. Abella, 393 So.2d 40 (Fla. 3d DCA 1981). The reason behind the above stated rule is to avoid imposing on the former husband the obligation of providing shel......
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Tinsley v. Tinsley
...they become tenants in common. § 689.15, Fla.Stat. (1985). As such, the tenants have joint responsibilities, Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981), and "have a mutual obligation to pay the charges upon the property," Singer v. Singer, 342 So.2d 861, 862 (Fla. 1st DCA ......
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Golden v. Golden, s. 80-2421
...distributed, with half the amounts he expended for mortgage payments, taxes, insurance, utilities, and repairs. Abella-Fernandez v. Abella, 393 So.2d 40 (Fla. 3d DCA 1981); Rutkin v. Rutkin, 345 So.2d 400 (Fla. 3d DCA 1977); Lyons v. Lyons, 208 So.2d 137 (Fla. 3d DCA 1968). In addition, we ......
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Martin v. Martin
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