McKee v. Mick
| Decision Date | 22 August 2013 |
| Docket Number | No. 1D12–4954.,1D12–4954. |
| Parties | Homer Rae McKEE, Husband, Appellant, v. Peggy Sue MICK, f/k/a Peggy Sue McKee, Wife, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Brian P. North and Alyssa L. Hartle, Gainesville, for Appellant.
Peggy Sue Mick, pro se, Appellee.
This is an appeal from an amended final judgment of dissolution. Of several errors asserted by the former husband, we agree with two: the trial court incorrectly classified a jointly titled burial plot as the former wife's nonmarital property, and incorrectly classified a 1999 Cadillac as marital property.
The former wife received two burial plots during the marriage as gifts from her aunt, and added the former husband to the deed for one of the plots. She testified she did so believing the parties' marriage would last. The trial court incorrectly deemed the burial plot nonmarital property belonging to the former wife. For purposes of equitable distribution, marital assets include “[i]nterspousal gifts during the marriage.” § 61.075(6)(a) 1.c., Fla. Stat. (2011). The former wife's testimony establishes the burial plot as an interspousal gift. Furthermore, “[a]ll real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset.” § 61.075(6)(a) 2., Fla. Stat. (2011). See Beal Bank, SSB v. Almand & Assoc., 780 So.2d 45, 54 (Fla.2001) (). The party claiming otherwise has the burden to prove the property is a nonmarital asset. Id. The former wife put on no evidence in this regard, except to say she now does not want the former husband to have the plot. Cf. Marsh v. Marsh, 419 So.2d 629, 630 (Fla.1982) ().
As to the Cadillac, the former wife listed it as a marital asset in an exhibit she entered into evidence, but gave no testimony about how the parties acquired the car. The former husband, on the other hand, testified the car had belonged to his mother, and that she transferred title to him before going to a nursing home. “Assets acquired separately by either party by...
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...acquired separately by either party by noninterspousal gift.” § 61.075(1), (6)(b), Fla. Stat. (2010); see also McKee v. Mick, 120 So.3d 162, 163–64 (Fla. 1st DCA 2013) (finding that the trial court erred by classifying a vehicle as marital property and distributing it to the wife where the ......
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What Is The Effect Of Deeding Non-Marital Property Prior To A Florida Divorce Proceeding?
...one spouse added the other spouse to a deed? Florida's First District Court of Appeal addressed this issue recently in McKee v. Mick, 120 So. 3d 162 (Fla. 1st DCA 2013). In McKee, the trial court classified a wife's burial plot as non-marital property. On appeal, the First District reversed......