Bermudez Y Santos v. Bermudez y Santos
| Decision Date | 18 October 2000 |
| Docket Number | No. 3D98-1622.,3D98-1622. |
| Parties | Diomedes Raul BERMUDEZ Y SANTOS and Melba Bermudez, Appellants, v. Zoila BERMUDEZ Y SANTOS, Appellee. |
| Court | Florida District Court of Appeals |
773 So.2d 568
Diomedes Raul BERMUDEZ Y SANTOS and Melba Bermudez, Appellants,v.
Zoila BERMUDEZ Y SANTOS, Appellee
No. 3D98-1622.
District Court of Appeal of Florida, Third District.
October 18, 2000.
Marcus & Marcus, P.A., and Iris N. Sachs, Homestead, for appellee.
Before COPE, GODERICH and SORONDO, JJ.
COPE, Judge.
This is an appeal from an order on exceptions to the report of the general master in a dissolution of marriage and partition case. We affirm in part and reverse in part.
Zoila Bermudez y Santos ("wife") filed a petition for dissolution of marriage against Diomedes Raul Bermudez y Santos ("husband"). The home in which they resided prior to the dissolution of marriage is titled in their name and that of the husband's mother, Melba Bermudez. The wife asserted a claim for partition in the dissolution of marriage action, and joined the mother as a party to it.
The general master conducted the final hearing and entered a report and recommendation. The husband and mother filed exceptions regarding property issues. By agreement of the parties the court entered a separate judgment dissolving the marriage. As to the property issues, the circuit court granted the exceptions in part and denied them in part. The husband and mother have appealed.
The husband and mother first dispute the trial court's ruling regarding the respective ownership interests of the mother, husband, and wife. Based on the record adduced, we conclude that the wife is entitled to a one-fourth undivided interest in the real estate, as tenant in common.
This was a twenty-two year marriage. Prior to Hurricane Andrew, the husband and wife occupied their own home in the southern part of Dade County, and the mother and her late husband had a residence of their own. Both homes were severely damaged by the hurricane.
Soon after Hurricane Andrew, the mother's husband died. The mother has serious health problems and requires assistance in her daily living. Eventually it was agreed that the mother would have a new house built and the husband and wife would reside in the home with her. The evidence also showed that the mother turned over the handling of her financial matters to her son, the former husband here, who also was responsible for most of the arrangements pertaining to the construction of the new house.
The husband and wife attended the closing on the purchase of the new house, and the mother did not. The husband arranged for the names of the mother, the husband, and wife to all appear on the deed. The general master found that the mother provided most, but not all, of the consideration for the new house.
The mother testified that she gave permission for the husband's name to appear
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