Spikes v. Spikes
| Decision Date | 15 April 1981 |
| Docket Number | No. 80-1931,80-1931 |
| Citation | Spikes v. Spikes, 396 So.2d 1192 (Fla. App. 1981) |
| Parties | Shirley J. SPIKES, Appellant, v. James L. SPIKES, Sr., Appellee. |
| Court | Florida District Court of Appeals |
Claudos G. Spears of Allison, Spears & Heistand, St. Petersburg, for appellant.
Glenn D. Storch of Myron J. Mensh, P.A., St. Petersburg, for appellee.
The wife appeals from a final judgment of dissolution of marriage, contending that the trial court erred by ruling that the wife was not entitled to alimony other than payment by the husband of the mortgage expenses on the marital home.Although not argued by appellant/wife, we think it was error to credit alimony to the husband for the $285.00 monthly mortgage payments.
The trial court's order, in pertinent part, provides:
The Petitioner/Husband shall pay to the Respondent/Wife, as alimony, the sum of $285.00 per month, until the Wife remarries, or dies or until further order of the Court, such sum being the amount of the principal, interest and taxes and is on the home place, and the same may be paid by the Husband paying the mortgage directly.
The order further provided that the wife will have the sole possession of the marital premises.
By ordering the husband to make alimony payments by paying off the mortgage, the trial court is impermissibly requiring the wife to build her husband's equity in the property.Smith v. Smith, 390 So.2d 1223(Fla. 1st DCA1980).As noted in Hendricks v. Hendricks, 312 So.2d 792(Fla.3d DCA1975), it is the obligation of each tenant in common to pay...
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Tinsley v. Tinsley
...from any obligation which may result from the trial court's final judgment granting dissolution of the marriage. See Spikes v. Spikes, 396 So.2d 1192 (Fla. 3d DCA 1981). It is impermissible, therefore, to require one spouse, by his payments on the house, to increase the equity of the other ......
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Matter of Romano, Bankruptcy No. 81-1646.
...generally considered the obligation of both parties are mortgage payments, insurance, taxes and necessary repairs. Spikes v. Spikes, 396 So.2d 1192 (Fla. 2d D.C.A.1981). The testimony at the trial was clear that the Debtor has made all of the payments on the Morris Bridge Road property and ......
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Bailey v. Parker
...common to pay one half of all property expenses, including mortgage payments, taxes, insurance, and necessary repairs. Spikes v. Spikes, 396 So.2d 1192 (Fla. 2d DCA 1981), except when a cotenant has sole possession of the property and is receiving all the profits therefrom. 12 Fla.Jur.2d, C......
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Trachsel v. S.C.K.W., Inc., 89-1265
...We entirely agree with the trial court's conclusion to the contrary and affirm the judgment in S.C.K.W.'s favor. See Spikes v. Spikes, 396 So.2d 1192 (Fla. 2d DCA 1981); Mintz v. Ellison, 233 So.2d 156, 157 (Fla. 3d DCA 1970). We also conclude that there is substantial competent evidence in......