Whiteley v. Whiteley

Decision Date02 April 1976
Docket NumberNo. 75--884,75--884
Citation329 So.2d 352
PartiesTheresa A. WHITELEY, Appellant, v. Frank W. WHITELEY, Jr., Appellee.
CourtFlorida District Court of Appeals

Perry S. Itkin and Donald G. Korman of Kirsch & Mills, P.A., Fort Lauderdale, for appellant.

James R. Eddy of Eddy, Spindler & Hughes, P.A., Pompano Beach, for appellee.

DOWNEY, Judge.

The final judgment of dissolution, as amended, which was entered in this cause, provided among other things:

1) That the appellant wife should have custody of the minor children of the parties.

2) The appellant should have exclusive possession of the marital domicile 'for so long as she resides in said home with the children of the parties and remains unmarried; provided no other adult male, other than a member of the wife's family, shall be permitted to reside in said home premises.'

3) The appellant was required to pay the mortgage, taxes, insurance, maintenance and upkeep on the home during her possession thereof.

4) Upon partition of the marital home appellant would 'not be entitled to credit for any amounts expended by her for payments on the principal of the mortgage, or such improvements or repairs as may be made or such other expenditures as she might make in and about said premises.'

The primary thrust of the assignments of error as argued in appellant's brief, is directed at the provisions of the final judgment which a) refused to give appellant any credit for the expenditures she was required to make for obligations pertaining to the marital domicile, and b) enjoined appellant from having any adult male other than a member of her family residing on the premises.

The marital domicile was jointly owned and so upon dissolution of the marriage each party became a tenant in common pursuant to statute. § 689.15, F.S.1973. As co-tenants each is ultimately liable for his or her proportionate share of the obligations of the property, such as taxes and mortgages. Generally, if one co-tenant pays an obligation for which all are liable, he is entitled to have the other co-tenant pay his proportionate share. 8 Fla.Jur., Co-tenancy, § 12. But where the final judgment of dissolution of marriage awards one co-tenant the exclusive possession of the marital domicile and directs that co-tenant to pay all or some of the obligations of the property such as taxes, liens and repairs, the right of the co-tenant in possession to reimbursement from the other co-tenant is postponed until such time as the...

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19 cases
  • Brandt v. Brandt
    • United States
    • Florida District Court of Appeals
    • June 1, 1988
    ...owned marital domicile for payments she made for obligations of the property during the time of her possession. Whiteley v. Whiteley, 329 So.2d 352, 353 (Fla. 4th DCA 1976). See also Wertheimer v. Wertheimer, 487 So.2d 90 (Fla. 3d DCA 1986); Tate v. Tate, 432 So.2d 601 (Fla. 4th DCA 1983); ......
  • Fischer v. Fischer
    • United States
    • Florida District Court of Appeals
    • February 24, 1987
    ...DCA 1980); Dominik v. Dominik, 390 So.2d 81 (Fla. 3d DCA 1980); Rutkin v. Rutkin, 345 So.2d 400 (Fla. 3d DCA 1977); Whiteley v. Whiteley, 329 So.2d 352 (Fla. 4th DCA 1976); Lyons v. Lyons, 208 So.2d 137 (Fla. 3d DCA A trial judge may, however, require one party to pay the total ownership ex......
  • Price v. Price, s. 79-1158
    • United States
    • Florida District Court of Appeals
    • October 21, 1980
    ...1977). The credit is chargeable against the ex-spouse's share in the proceeds of the sale. Rutkin v. Rutkin, supra ; Whiteley v. Whiteley, 329 So.2d 352 (Fla. 4th DCA 1976); Lyons v. Lyons, 208 So.2d 137 (Fla. 3d DCA 1968). Credit at the time of sale of the home should be given for such ite......
  • Tinsley v. Tinsley, 85-2223
    • United States
    • Florida District Court of Appeals
    • June 24, 1986
    ...cert. denied, 234 So.2d 117 (Fla.1969), and the right to reimbursement is only postponed until the property is sold, Whiteley v. Whiteley, 329 So.2d 352 (Fla. 4th DCA 1976). Accordingly, when a final judgment requires only one spouse to make the mortgage payments until such time as the hous......
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