Austin v. Austin

The appellant and former wife, Linda Austin, appeals from a final judgment of dissolution of marriage to the extent that it awards the entire interest in their marital home to the appellee and former husband, James Austin. The property was deeded in both of their names. The former husband did not plead special equity and testified at the final hearing that he was not seeking any special equity. Accordingly, we reverse and remand to the trial court with instructions to treat the marital home as a marital asset. See Collins v. Collins, 737 So.2d 1204, 1205 (Fla. 5th DCA 1999)(reversing the…