Malkemes v. Malkemes
| Decision Date | 29 March 1978 |
| Docket Number | No. 77-1425,77-1425 |
| Citation | 357 So.2d 223 |
| Court | Florida District Court of Appeals |
| Parties | Keith O. MALKEMES, Appellant, v. Kathryn W. MALKEMES, Appellee. |
T. H. "Ted" Brousseau, Jr., Naples, for appellant.
George O. Kluttz of Pavese, Shields, Garner, Haverfield & Kluttz, Fort Myers, for appellee.
The primary thrust of this appeal is whether the court properly awarded appellee a 100% special equity in a house and two condominium apartments which had been acquired in tenancy by the entirety during the parties' short marriage. This suit for dissolution was filed subsequent to Ball v. Ball, 335 So.2d 5 (Fla.1976), so none of the pre-Ball presumptions were applicable.
The record contains clear and convincing evidence to support the court's conclusion that the apartments were bought with money which the appellee had obtained from a source unconnected with the marital relationship and that she did not intend to make a gift of the funds. There is similar evidence with respect to the house except that not all of the monies for its purchase were furnished by the appellee. The record reflects that the appellant contemporaneously supplied $4,000 of his own funds toward the down payment and he signed a joint note with appellee for another $7,000 to be applied thereon. Since the down payment was approximately $30,000, the appellee's interest in the house should have been limited to 75%.
The other points raised by appellant are without merit. The judgment is modified to the extent that Kathryn W. Caston (formerly Malkemes) shall own an undivided 75% interest and Keith O. Malkemes shall own an undivided 25% interest in the following described property:
Lot 19, Block 127, Unit 4, MARCO BEACH SUBDIVISION, as recorded in Plat Book 6, Pages 32-37, Public Records of Collier County, Florida.
AFFIRMED, AS MODIFIED.
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Marsh v. Marsh, 80-451
...deposit); Merrill v. Merrill, 357 So.2d 792 (Fla. 1st DCA 1978) (real property and common stock treated identically); Malkemes v. Malkemes, 357 So.2d 223 (Fla. 2d DCA 1978).16 See, e. g., Leonard v. Leonard, 389 So.2d 256 (Fla. 3d DCA 1980) (houseboat); Holbrook v. Holbrook, 383 So.2d 981 (......
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Landay v. Landay, 60948
...1st DCA 1978). Still another court has awarded a percentage ownership based on the amount of the contribution only. Malkemes v. Malkemes, 357 So.2d 223 (Fla. 2d DCA 1978), overruled, Landay v. Landay, 400 So.2d 43 (Fla. 2d DCA Ball dealt with a wife who had inherited one-half interest in a ......
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Hoecker v. Hoecker, 81-776
...property, Green v. Green, 228 So.2d 112 (Fla. 3d DCA 1969) or seek 100 percent ownership of jointly held property, Malkemes v. Malkemes, 357 So.2d 223 (Fla. 2d DCA 1978). A spouse may establish special equity in real estate, Razzano v. Razzano, 307 So.2d 894 (Fla. 1st DCA 1975) or in person......
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Evers v. Evers, MM-229
...inuring to the husband. Ball v. Ball, 335 So.2d 5 (Fla.1976), Merrill v. Merrill, 357 So.2d 792 (Fla. 1st DCA 1978), Malkemes v. Malkemes, 357 So.2d 223 (Fla. 2nd DCA 1978), Bickerstaff v. Bickerstaff, 358 So.2d 590 (Fla. 1st DCA As we stated in Merrill at 793: ". . . We cannot read Ball v.......