Legal Opinion · Concurring in part, dissenting in part

Hedman v. Hedman

District Court of Appeal of Florida

Decided July 25, 2012No. 3D10-2751Published

1Concurring in part, dissenting in partSchwartz, Senior Judge

I

In this appeal from a final dissolution judgment, I disagree with affirmance of the trial court’s “equitable” distribution of the husband’s half interest in the couple’s marital home, which was held by the en-tireties, to the wife. It is undisputed that, after the husband’s family provided the funds for the purchase of the residence, the wife’s father did so. The law is clear(a) that the titling of the property in the parties’ names as tenants by the entireties during the marriage renders the home “marital property” subject to equitable distribution, see § 61.075(6)(a)2., Fla. Stat. (2010);…

2Cases cited7 opinions

  1. Republic Federal Bank, N.A. v. DoyleDistrict Court of Appeal of Florida · 2009
  2. PHOENIX HOLDING, LLC v. MartinezDistrict Court of Appeal of Florida · 2010
  3. David v. DavidDistrict Court of Appeal of Florida · 2011
  4. Jurasek v. JurasekDistrict Court of Appeal of Florida · 2011
  5. TBOM Mortgage Holding, LLC v. BrownDistrict Court of Appeal of Florida · 2011

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