Monnar v. Monnar

• Decision Date: 30 November 1982
• Docket Number: No. 81-2226,81-2226
• Citation: 422 So. 2d 362
• Parties: Martha MONNAR, Appellant, v. Enrique MONNAR, Appellee.
• Court: Florida District Court of Appeals

Page 362

422 So.2d 362

Martha MONNAR, Appellant, v.Enrique MONNAR, Appellee.

No. 81-2226.

District Court of Appeal of Florida, Third District.

Nov. 30, 1982.

M. Carmen Dominguez, Coral Gables, for appellant.

Daniels & Hicks and Mark Hicks, Miami, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

BASKIN, Judge.

We affirm the Final Judgment for Dissolution of Marriage in which the trial court found that Mrs. Monnar had no need for alimony and was not entitled to participate in settlement proceeds received as a consequence of Mr. Monnar's personal injury action.In addition, we find no error in the trial court's decision that the parties owned the condominium apartment equally as tenants in common, and permitting Mrs. Monnar to have exclusive possession.We reverse the provisions of the final judgment which require Mrs. Monnar to pay all expenses necessary to maintain the apartment.As co-tenant in common, Mr. Monnar is responsible for half the mortgage payments and interest costs.Connelly v. Connelly, 409 So.2d 175(Fla. 2d DCA1982);Waskin v. Waskin, 346 So.2d 1060(Fla. 3d DCA1977);Hendricks v. Hendricks, 312 So.2d 792(Fla. 3d DCA1975).He must therefore pay a portion of past and future payments equal to his percentage of ownership, or, in the alternative, Mrs. Monnar should be credited at time of sale for sums she paid in excess of her share of the obligation.Dominik v. Dominik, 390 So.2d 81(Fla. 3d DCA1980);Smith v. Smith, 390 So.2d 1223(Fla. 1st DCA1980);accordMahaffey v. Mahaffey, 401 So.2d 1372(Fla. 5th DCA1981).

We reverse the portion of the final judgment denying Mrs. Monnar attorney's fees.Canakaris v. Canakaris, 382 So.2d 1197(Fla.1980);Adler v. Adler, 418 So.2d 1007(Fla. 3d DCA1982);Wilds v. Wilds, 399 So.2d 1038(Fla. 3d DCA1981);§ 61.16,Fla.Stat.(1979).

Affirmed in part, reversed in part, and remanded.