McCarthy v. McCarthy
| Decision Date | 08 July 1988 |
| Docket Number | No. 87-2240,87-2240 |
| Citation | 528 So.2d 97,13 Fla. L. Weekly 1596 |
| Parties | 13 Fla. L. Weekly 1596 James C. McCARTHY, Appellant, v. Catherine J. McCARTHY, Appellee. |
| Court | Florida District Court of Appeals |
James C. McCarthy, pro se.
Daren L. Shippy of Batchelor and Shippy, P.A., Bonita Springs, for appellee.
Husband raises several interrelated points in his appeal from the trial court's final judgment of dissolution of marriage. In essence, husband contends that the trial court abused its discretion in finding a special equity in favor of wife because of a loan wife's mother made to the couple jointly. We agree.
"The term 'special equity' was created to describe a vested interest in property brought into the marriage or acquired during the marriage because of contribution of services or funds over and above normal marital duties." Canakaris v. Canakaris, 382 So.2d 1197, 1200 (Fla.1980). "A special equity in jointly owned marital property may arise in those instances where the property has been acquired, in whole or in part, with funds unconnected with the marital relationship." Antonini v. Antonini, 473 So.2d 739, 741 (Fla. 1st DCA 1985). The party claiming the special equity must demonstrate "his or her equitable interest, 'to the exclusion of a reasonable doubt.' " Id.
Where a party outside of the marriage makes a loan to either the husband or the wife alone, the husband or the wife receiving the loan is entitled to a special equity. Howard v. Howard, 310 So.2d 430 (Fla. 4th DCA 1975). Where a party outside of the marriage makes a loan to the husband and wife jointly, neither party is entitled to a special equity. Id.
In the instant case, wife's mother loaned the couple $30,398.00 to purchase the couple's marital home. By the time of the divorce, the parties had repaid the mother $15,150.00. Thus, $15,248.00 remained unpaid on the loan.
Wife's counter-petition for divorce claimed that during the marriage, she and husband acquired both real and personal property in which she claimed a special equity "[b]y virtue of loan funds obtained from her mother for the purchase of certain property...." However, at trial, both the wife and the mother testified that the loan was made to both husband and wife. Indeed, wife testified that she and husband called her mother to request a loan to purchase their home. She testified that they were both to be accountable for repayment of the loan. Wife's mother testified that both her daughter and...
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In re Glossip
...upon which relief may be granted. 7. See ¶ 22 of the Complaint. 8. Debtors cite the following two cases in the Motion: McCarthy v. McCarthy, 528 So.2d 97 (1988) (under Florida law, either a husband or a wife may establish that they have a special equity interest in marital property which wa......
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Martinez v. Martinez, 90-1201
...makes a loan to the husband and wife jointly, neither of them is entitled to a special equity based on that gift. See McCarthy v. McCarthy, 528 So.2d 97 (Fla. 2d DCA 1988) (trial court abused its discretion in finding a special equity in favor of the wife based on a loan the wife's mother m......
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Taaffe v. Taaffe, 5D01-2686.
...one of the spouses is related to the lender. See Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990) (citing McCarthy v. McCarthy, 528 So.2d 97 (Fla. 2d DCA 1988)) ("trial court abused its discretion in finding a special equity in favor of the wife based on a loan the wife's mother made ......