Finn v. Finn

• Decision Date: 26 February 1985
• Docket Number: No. 84-698,84-698
• Citation: 10 Fla. L. Weekly 507,464 So.2d 1266
• Parties: 10 Fla. L. Weekly 507 Dianna Lee FINN, Appellant, v. John Aubrey FINN, Appellee.
• Court: Florida District Court of Appeals

Page 1266

464 So.2d 1266

10 Fla. L. Weekly 507

Dianna Lee FINN, Appellant, v.John Aubrey FINN, Appellee.

No. 84-698.

District Court of Appeal of Florida Third District.

Feb. 26, 1985.

Rehearing Denied April 1, 1985.

Lisa Bennett, Miami, for appellant.

English, McCaughan & O'Bryan and Robert J. Schaffer, Coral Gables, for appellee.

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

PER CURIAM.

This appeal and cross-appeal challenge portions of a judgment concerning the jointly owned marital home rendered after the cause was remanded in Finn v. Finn, 414 So.2d 1149(Fla. 3d DCA1982).

Although the father was again awarded custody of the minor children, he has remarried and, contrary to the order below, is not thereafter entitled to exclusive possession of the home.Schein v. Schein, 448 So.2d 16(Fla. 3d DCA1984);Abella-Fernandez v. Abella, 393 So.2d 40(Fla. 3d DCA1981).The property in question is therefore subject to partition upon remand.

The parties have agreed in open court before us that the ex-husband, who has paid the mortgage, repairs and other expenses since the dissolution, should be given credit upon the partition sale for all, including the wife's half, of those amounts.SeeIodice v. Scoville, 460 So.2d 576(Fla. 4th DCA1984).Subsequent to the date of Mr. Finn's remarriage, however, the ex-wife is entitled to a credit of one-half of the reasonable rental value of the home.Adkins v. Edwards, 317 So.2d 770(Fla. 2d DCA1975).

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