Miller v. Miller

NIMMONS, Judge.

This is an appeal from a final judgment of dissolution of marriage. We affirm in part and reverse in part.

We find that the trial court erred in two respects. First, the court erred in awarding the wife exclusive use and possession of the marital home. As stated by the Florida Supreme Court in Duncan v. Duncan, 379 So.2d 949, 952 (Fla.1980):

The award of “exclusive possession” of property subject to disposition in a dissolution proceeding should either be directly connected to the obligation to pay support or be temporarily necessary to prevent reduction in the value of the…