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...