Blunnie v. Blunnie, 81-1375

• Decision Date: 23 June 1982
• Docket Number: No. 81-1375,81-1375
• Citation: 415 So.2d 156
• Court: Florida District Court of Appeals
• Parties: John F. BLUNNIE, Appellant, v. Mildred J. BLUNNIE, Appellee.

Page 156

415 So.2d 156

John F. BLUNNIE, Appellant, v. Mildred J. BLUNNIE, Appellee.

No. 81-1375.

District Court of Appeal of Florida Fourth District.

June 23, 1982.

John R. Harrington of Harrington & Mattel, Fort Lauderdale, for appellant.

Louis J. Weinstein of Reasbeck, Fegers, Hess & Weinstein, Hollywood, for appellee.

DOWNEY, Judge.

This thirteen year childless marriage was dissolved by a final judgment in which the trial court divided the parties' assets and gave the wife possession of the jointly owned marital home (a duplex). The final judgment also divided two lots and a joint bank account (less $2,000 awarded the wife for outstanding bills) between the parties. It denied the wife attorney's fees, apparently because they were not properly proven at trial. Most importantly, the court found that the parties became "joint tenants" in the duplex but that the wife should have exclusive possession thereof "until such time as she remarries, dies or both parties mutually agree to the sale of said duplex, whichever event first occurs." The husband's sole complaint on appeal is the award of possession of the duplex to the wife. We affirm the trial court decision.

The evidence shows that during the marriage the wife's parents, Albert and Eunice Price, agreed with the Blunnies to sell their Vero Beach home, to give the Blunnies ten thousand dollars for the downpayment on the duplex in question, and to reside in the duplex with the Blunnies for the rest of the parents' lives. In accordance with that plan, in 1978 the Prices sold their Vero Beach property and moved into the Blunnies' duplex apartment where they have lived ever since.

At trial the wife contended that she should be awarded a special equity in the duplex because of the arrangement with her parents. The husband contended that the parents' interests were not to be considered in this case in determining his rights vis-a-vis the wife's rights. He argued further that his wife had not shown any entitlement to a special equity in the property. The transcript of the trial reflects that the trial judge felt he could not adjudicate the rights of the parents in the property. However, he ultimately granted the wife exclusive possession of the duplex which could not, from this record, be justified on any other grounds.

Ordinarily, upon dissolution of marriage, property owned by the spouses as tenants by the entireties becomes property owned as tenants in common with all of the rights thereunto appertaining when no determination of any special equities has been made regarding said property and it has not been awarded as lump sum alimony. However, if special circumstances exist or if there is a special interest of one spouse, which should be considered in the overall equitable distribution of the parties' finances, the trial court has the power to make special provisions regarding the property held in common by the parties. Duncan v. Duncan, 379 So.2d 949 (Fla.1980); Bullard v. Bullard, 195 So.2d 876 (Fla. 2d DCA 1967). For example, in Duncan, supra, the Supreme Court authorized an award of exclusive possession of jointly owned Alabama property to the husband in order to allow his parents to live there. The rationale utilized by the Duncan court was that the husband had virtually built the home himself on the jointly owned property specifically for his parents. The wife had been given exclusive possession of the jointly owned marital home, and to uproot the husband's parents and partition the property might well put a strain on the husband's ability to support the wife and children. The court was concerned that all of these awards are interdependent and should be resolved in a fair and equitable fashion. Thus, the court reasoned that, although the parties owned the property jointly, the equities of the case justified giving the husband exclusive temporary possession so that his parents could continue living there until the children became adults.

Albeit our situation does not involve the same nuances of support as Duncan, we feel the obligation to the wife's parents, which arises directly out of the ownership of the duplex property, justifies an award of exclusive possession to the wife so that she can honor the parties' agreement to her parents. That right of possession, however, should be limited to the time necessary to meet the obligation of the parties and this would not exceed the lifetime of the parents. Accordingly, we approve the award of possession granted to the wife with the further limitation that it not exceed the lifetime of the parents, in addition to the other limitations placed thereon by the trial judge.

The final judgment also provided that, upon sale of the duplex property, the wife shall be entitled to credit from the proceeds for the sum of the contributions made to the upkeep,...