De Jonge v. Wayne
| Decision Date | 07 December 1954 |
| Citation | 76 So.2d 273 |
| Parties | Verna H. Helmly DE JONGE, joined by her husband Ray Dejonge, Appellants, v. Theodore R. WAYNE and Fern A. Wayne, his wife, Appellees. |
| Court | Florida Supreme Court |
George C. Simpson, Miami, for appellants.
Theodore J. Sakowitz, Miami, for appellees.
This is an appeal from a final decree finding that certain property was not homestead property.
It appears from the record that the appellant and her former husband acquired the property on January 3, 1950. Later the appellant and her husband were divorced. On July 16, 1952, Earl T. Helmly, the former husband, quitclaimed the property to the appellant Verna H. Helmly, now Mrs. DeJonge. On January 21, 1953, the appellant Verna H. Helmly married Ray DeJonge and they immediately began living on the property of Mrs. DeJonge, which is the property now in question. It appears from the testimony of the appellants that since their marriage on January 21, 1953, Mr. DeJonge made mortgage payments of $71 per month on the property in question and painted the kitchen and bathroom of the property. A judgment was entered against Mrs. DeJonge in the Civil Court of Record for Dade County, which was recorded with the Clerk of the Circuit Court on November 19, 1953 and November 24, 1953, respectively. It is apparent that the only mortgage payments involved are those made after the marriage of January 21, 1953, until November, 1953.
It was claimed that the property in question was exempt from execution issued under the authority of a judgment above mentioned because the property was homestead property.
The debt in question was not the debt of Ray DeJonge but was the debt of his wife. The property in question was not his property and he furnished no money to acquire title to the property. It was the property of his wife and was acquired by her from her first husband. Ray DeJonge had no connection whatsoever with the property until he married the owner of the property and then his only connection was to live on the property, do minor repairs such as paint the kitchen and bathroom, and pay some monthly mortgage payments on the property. The record fails to disclose any agreement that the title to the property would be in Mrs. DeJonge and the beneficial interest would be in her husband. The entire question of a homestead appears to be an afterthought after a judgment was obtained against Mrs. DeJonge and execution was issued and levied upon her separate property. The husband has a right to pay monthly payments on the wife's property and to paint the kitchen and bathroom of such property. Such acts in the absence of anything...
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Solomon v. Davis
...normal marital relationship in spite of the fact that she continued to work and they lived upon her separate property. See De Jonge v. Wayne, Fla., 76 So.2d 273. It is settled that factual dependency is not the sole test of family headship. Caro v. Caro, 45 Fla. 203, 34 So. 309; De Cottes v......
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Holden v. Estate of Gardner, XX-256
...property although he resided with the wife upon her property. C. B. Witt Company v. Moody, 72 Fla. 459, 73 So. 582 (1916); De Jonge v. Wayne, 76 So.2d 273 (Fla.1954); Abernathy v. Gruppo, 119 So.2d 398 (Fla. 3d DCA 1960). For descent and distribution purposes under the 1885 Constitution, Fl......
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Abernathy v. Gruppo, 59-487
...owned by the claimant, or in other words headship and ownership must be joined in one individual.' The significant facts in De Jonge v. Wayne, Fla.1954, 76 So.2d 273, are much the same as those in the instant case, which could be disposed of merely on the authority of that The decree appeal......
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In re Robinett, Bankruptcy No. 84-01793-BKC-TCB
...the names of the debtor/husband and wife, our case is distinguishable from the facts in Bessemer. The trustee relies on De Jonge v. Wayne, 76 So.2d 273, 274-75 (Fla.1954), where the title to the property in question was in the wife from a prior marriage. The husband made ten mortgage paymen......