Rutkin v. Rutkin, 76-2206

• Decision Date: 03 May 1977
• Docket Number: No. 76-2206,76-2206
• Citation: Rutkin v. Rutkin, 345 So.2d 400 (Fla. App. 1977)
• Parties: Norman RUTKIN, Appellant, v. Sondra RUTKIN, Appellee.
• Court: Florida District Court of Appeals

Page 400

345 So.2d 400

Norman RUTKIN, Appellant, v.Sondra RUTKIN, Appellee.

No. 76-2206.

District Court of Appeal of Florida, Third District.

May 3, 1977.

A. John Goshgarian, Miami Beach, and Howard Hochman, Miami, for appellant.

Sondra Rutkin Alexander, in pro. per.

Before HENDRY, C. J., and HAVERFIELD and HUBBART, JJ.

HUBBART, Judge.

This is an action for modification of a marriage dissolution decree in which the wife sought to have the marital home sold.The trial court ordered the sale and distributed the proceeds.The husband appeals from the distribution.

The issue presented for review is whether a husband, who subsequent to a marriage dissolution has reduced the mortgage principal on a marital home jointly held with his ex-wife as tenants in common, is entitled to a credit for the mortgage principal reduction allocable to his ex-wife's interest therein to be charged upon sale of the home against the ex-wife's share of the proceeds from the said sale.We hold that the husband is entitled to such a credit as computed and reverse.

On July 22, 1971, a final judgment was entered dissolving the marriage of Norman and Sondra Rutkin and giving the husband custody of the parties' minor children.The husband was also given the marital home to reside therein with the children based on the stipulation that he pay the mortgage payments on the marital home.The final order of marriage dissolution provided that upon sale of the marital home 'for the period that the husband pays the said mortgage payments, He shall be entitled to a credit for any portion of the principal of said mortgage indebtedness allocable to the wife's interest to be determined and allowed upon sale of the property.'

On August 8, 1975, the wife filed a petition for modification of the marriage dissolution judgment seeking among other things that the marital home be sold.After referring the matter to a special master, the trial court affirmed the subsequent report of the special master and ordered that the husband sell the home under certain stipulated conditions not material here.The trial court further ordered that the husband should be given a credit for the total mortgage principal reduction allocable to the wife's interest from the date of dissolution to the date of closing.

The marital home was subsequently sold for $32,406.30.It is undisputed that the husband reduced the mortgage principal allocable to the wife's interest from the date of the marriage dissolution to the date of closing in the amount of $3,486.40 and is entitled to a credit in that amount.

The husband petitioned the trial court for clarification as to the exact method by...