Bailes v. Bailes

• Decision Date: 23 April 1985
• Docket Number: No. 84-1641,84-1641
• Citation: 10 Fla. L. Weekly 1026,468 So.2d 396
• Parties: 10 Fla. L. Weekly 1026 Shirley BAILES, Appellant, v. Alan BAILES, Appellee.
• Court: Florida District Court of Appeals

Page 396

468 So.2d 396

10 Fla. L. Weekly 1026

Shirley BAILES, Appellant, v.Alan BAILES, Appellee.

No. 84-1641.

District Court of Appeal of Florida Third District.

April 23, 1985.

Rehearing Denied May 24, 1985.

Daniel L. Ginsberg, North Miami Beach, for appellant.

Frank Wolland, North Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

SCHWARTZ, Chief Judge.

We affirm the financial aspects of the final judgment of dissolution under review on the familiar ground that each of the rulings in question represents an appropriate exercise of the trial court's discretion.Walter v. Walter, 464 So.2d 538, (Fla.1985);Marcoux v. Marcoux, 464 So.2d 542, (Fla.1985);Canakaris v. Canakaris, 382 So.2d 1197(Fla.1980).

The only issue which requires individualized treatment is Ms. Bailes's claim, citing Schein v. Schein, 448 So.2d 16(Fla. 3d DCA1984), that she was incorrectly denied compensation for the rental value of her share of the jointly-held marital home during the period that the husband was granted exclusive possession incident to his custody of the children.On this record, we find no error in this ruling because the unchallenged requirement that the husband make all of the mortgage payments, half of which will serve to increase the ex-wife's equity, without any provision for his being given credit for her half when the home is sold, represents an expenditure for her benefit at least substantially equivalent to the rental value of her interest.SeeFinn v. Finn, 464 So.2d 1266, (Fla. 3d DCA1985).Moreover, any uncompensated use of the home by the children and their custodian-father may properly have been regarded by the lower court as a discharge of her duty to contribute to their support.Wood v. Friedman, 388 So.2d 1355(Fla. 5th...