FAMILY LAW: EQUITABLE DISTRIBUTION: MARITAL HOME; CIVIL POCEDURE: STIPULATIONS: WRITTEN AGREEMENT OR BILATERAL STIPULATION BEFORE COURT REPORTER

Marshall-Beasley v. Beasley, ___ So. 3d ___, 36 Fla. L. Weekly D2680 (Fla. 4th DCA December 7, 2011)

The wife contended that the trial court erred by ignoring a stipulation that the husband would receive the marital home.  Instead, the trial court awarded the home to the wife.  The appellate court affirmed.  “A binding agreement to convey real property … Click To Read Full Case Law Review...

DISSOLUTION OF MARRIAGE: EQUITABLE DISTRIBUTION: PASSIVE APPRECIATION OF MARITAL HOME THAT IS NONMARITAL ASSET

Kaaa v. Kaaa, ___ So. 3d ___, 35 Fla. L. Weekly S521 (Fla. 9/30/10)

“[T]he passive appreciation of a nonmarital asset, such as . . . [a] marital home, is properly considered a marital asset [if] marital funds or the efforts of either party contributed to the appreciation.”  “[I]t is the passive appreciation in the value of the home … Click To Read Full Case Law Review...

FAMILY LAW: MARITAL HOME: NONMARITAL ASSET: PASSIVE APPRECIATION

Kaaa v. Kaaa, ___ So. 3d ___, 36 Fla. L. Weekly S129 (Fla. 9/30/10)

The Florida Supreme Court concluded that “when a marital home constitutes nonmarital real property, but is encumbered by a mortgage that marital funds service, the value of the passive, market-driven appreciation of the property that accrues during the course of the marriage is a marital asset … Click To Read Full Case Law Review...

MARITAL HOME; NOVATION; SUPPORT

Yeakle v. Yeakle, ___ So. 3d ___, 34 Fla. L. Weekly 1287 (Fla. 4th DCA 6/24/09)

The parties stipulated on the record that the husband would receive the marital residence, be responsible for the mortgage, and use his best effort to remove the wife’s name from the mortgage.  Contrary to this stipulation, the trial judge ordered the lender … Click To Read Full Case Law Review...

EQUITABLE DISTRIBUTION, MARITAL HOME

Kaaa v. Kaaa, ___ So. 2d ___, 34 Fla. L. Weekly D932 (Fla. 2d DCA 5/8/09)

The husband purchased a residence six months before the parties were married.  During the course of their 27 year marriage, the parties used the residence as their martial home and used marital funds to pay the mortgage and increase the size of the lot … Click To Read Full Case Law Review...