Anderson v. Anderson, 82-350

Decision Date05 January 1983
Docket NumberNo. 82-350,82-350
Citation424 So.2d 943
PartiesThomas Wesley ANDERSON, Appellant, v. Vivian ANDERSON, Appellee.
CourtFlorida District Court of Appeals

James N. Powers, P.A., Orlando, for appellant.

Lawrence L. Lidfeldt, Maitland, for appellee.

COWART, Judge.

The ex-marital home, owned as tenants in common 1 by the ex-husband and ex-wife after dissolution of marriage but subject to the exclusive possession of the custodial spouse and a child of the dissolved marriage, is subject to partition upon re-marriage of the custodial spouse. See, e.g., Scheuermann v. Scheuermann, 423 So.2d 411 (Fla. 4th DCA 1982); Cannon v. Morris, 407 So.2d 372 (Fla. 1st DCA 1981); Lambert v. Lambert, 403 So.2d 484 (Fla. 1st DCA 1981); Caldwell v. Caldwell, 400 So.2d 1270 (Fla. 5th DCA 1981); Abella-Fernandez v. Abella, 393 So.2d 40 (Fla. 3d DCA 1981); McMaster v. McMaster, 379 So.2d 189 (Fla. 4th DCA 1980). This result is not affected by the fact that the custodial spouse was required to make the mortgage, tax and insurance payments on the ex-marital home as an incident of such exclusive possession. 2

Accordingly, the order dismissing the husband's partition action is

REVERSED AND REMANDED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

2 See, e.g., Cannon v. Morris, 407 So.2d 372 (Fla. 1st DCA 1981) (wife required to make mortgage, taxes, insurance payments); Singer v. Singer, 342 So.2d 861 (Fla. 1st DCA 1977) (wife required to make one-half of the mortgage payment).

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6 cases
  • Markham v. Markham
    • United States
    • Florida District Court of Appeals
    • February 20, 1986
    ...minor children, to the exclusive occupancy of a marital residence terminates upon the occupying spouse's remarriage. Anderson v. Anderson, 424 So.2d 943 (Fla. 5th DCA 1983). This avoids imposing the obligation to provide shelter and support for the new spouse of a former spouse. Lambert v. ......
  • Smith v. Moughan, 82-1641
    • United States
    • Florida District Court of Appeals
    • December 8, 1983
    ...is awarded by the court as a facet of support and will terminate upon remarriage of the spouse in possession. See Anderson v. Anderson, 424 So.2d 943 (Fla. 5th DCA 1983); Harvey v. Harvey, 411 So.2d 324 (Fla. 5th DCA 1982); Caldwell v. Caldwell, 400 So.2d 1270 (Fla. 5th DCA 1981). However, ......
  • Blew v. Blew
    • United States
    • Florida District Court of Appeals
    • March 29, 2023
    ... ... Coristine, 53 So.3d 1204, 1204 (Fla. 5th DCA 2011); ... Anderson v. Anderson, 424 So.2d 943, 944 (Fla. 5th ... DCA 1983); Zeller v. Zeller, 396 So.2d 1177, ... ...
  • Kirkland v. Kirkland
    • United States
    • Florida District Court of Appeals
    • October 11, 1990
    ...make the mortgage, tax and insurance payments on the ex-marital home as an incident of such exclusive possession." Anderson v. Anderson, 424 So.2d 943, 944 (Fla. 5th DCA 1983) (footnote omitted) (citing Cannon v. Morris, 407 So.2d 372 (Fla. 1st DCA 1981)). On remand, the trial court is dire......
  • Request a trial to view additional results

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