Naurison v. Naurison, 61-393
| Citation | 132 So.2d 623 |
| Decision Date | 07 September 1961 |
| Docket Number | No. 61-393,61-393 |
| Parties | Herbert N. NAURISON, Appellant, v. Rita NAURISON, Appellee. |
| Court | Court of Appeal of Florida (US) |
Eugene Tannenbaum, Miami, for appellant.
George H. Henry, Miami, for appellee.
Before PEARSON, TILLMAN, C. J., and CARROLL and HENDRY, JJ.
This is an interlocutory appeal from an order denying the appellant's motion to dismiss the complaint of the appellee.
The parties are husband and wife, living apart under a decree for separate maintenance unconnected with grounds for divorce.
Appellee-wife sued, in a separate suit, in chancery, for partition of certain real estate and personal property owned by them as an estate by the entireties. The pertinent allegations in her complaint are, in effect, as follows: that her husband has failed to comply with the terms of the decree of the circuit court requiring him to pay monthly installments of principal and interest in the amount of $152 on the mortgage lien on said property and $90 per week for her support and maintenance; that by reason thereof, he is in arrears in the sum of $10,846.67. She further alleged that her husband abandoned her physically and financially and that she is unable to provide for herself or maintain the property; that the mortgage is in default and is subject to foreclosure suit being brought against the property.
She prayed in her complaint that the property owned by them as an estate by the entireties be partitioned and that 50% of the proceeds, after costs and attorney fees, be paid unto her, and that she be paid, from the remainder, all amounts due her on the final judgment she has against her husband in the sum of $10,846.67, and remaining sums, if any, be held by the court for further order.
The defendant-husband moved to dismiss the complaint on the ground that the complaint, on its face, admits that the parties own the property in question as an estate by the entirety and that right of partition does not lie against property so held.
It is our view that the chancellor should have granted the defendant's motion to dismiss the complaint, as the allegations therein failed to state a cause of action upon which relief can be granted, because the complaint seeks to partition property owned by the parties as an estate by the entireties.
An estate by the entireties is an estate held by husband and wife together so long as both live, and after the death of either by the survivor, so long as the estate...
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In re Willoughby
...both tenants may transfer or encumber the property. Hunt v. Covington, 145 Fla. 706, 707, 200 So. 76, 77 (1941); Naurison v. Naurison, 132 So.2d 623, 624 (Fla. 3d DCA 1961). The differences between these two kinds of estate can also be seen in the area of creditors' rights. An undivided int......
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Bendl v. Bendl
...by the entirety there is in contemplation of law but one estate and it is held by husband and wife as one person. Naurison v. Nuarison, Fla.App.1961, 132 So.2d 623. The surviving spouse of an estate by the entirety takes no new estate but the whole estate vests by operation of law in the su......
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Eichman v. Paton, SS-17
...Moore Lumber Co. v. Legato, 100 Fla. 1451, 131 So. 381 (1930); Hunt v. Covington, 145 Fla. 706, 200 So. 76 (1941); Naurison v. Naurison, 132 So.2d 623 (Fla. 3rd DCA 1961). Further, an estate by the entireties depends on the existence of the marital relationship for its continuance. Strauss ......
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Beth W. Corporation v. United States, Civ. No. 72-213.
...the whole and not of a share, moiety, or divisible part. See, e. g., Bailey v. Smith, 89 Fla. 303, 103 So. 833 (1925); Naurison v. Naurison, 132 So.2d 623 (Fla.App.1961). Property held as a tenancy by the entireties cannot be partitioned during the marriage of the tenants. Naurison, supra. ......
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Partition Of Real Property In Florida
...filed by one married spouse against another if the married couple owns the property as tenants by the entireties. Naurison v. Naurison, 132 So. 2d 623 (Fla. 3d DCA 1961). Dissolution of the marriage transforms the property ownership into tenants in common, and thereafter the property may be......
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Partition Of Real Property In Florida
...filed by one married spouse against another if the married couple owns the property as tenants by the entireties. Naurison v. Naurison, 132 So. 2d 623 (Fla. 3d DCA 1961). Dissolution of the marriage transforms the property ownership into tenants in common, and thereafter the property may be......