In re the Marriage of Thelk

20 Fla. Supp. 2d 4
CourtCircuit Court for the Judicial Circuits of Florida
DecidedAugust 8, 1986
DocketCase No. 83-318-FR-01
StatusPublished

This text of 20 Fla. Supp. 2d 4 (In re the Marriage of Thelk) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Thelk, 20 Fla. Supp. 2d 4 (Fla. Super. Ct. 1986).

Opinion

[5]*5OPINION OF THE COURT

DANIEL M. KILBRIDE, Acting Circuit Judge.

THIS CAUSE having come on for final hearing on the 30th day of June, 1986, and the parties having appeared before the Court, and the Court having heard testimony of the parties and their witnesses, and the Court having reviewed all documents admitted into evidence, having heard arguments of counsel and having reviewed the applicable law, and the Court being otherwise advised in the premises, finds and holds as follows:

FINDINGS OF FACT

1. This Court has jurisdiction of the parties and subject matter of this suit.

2. The parties were married to each other on November 8, 1969.

3. The marriage between the parties is irretrievably broken and should be dissolved.

4. There have been no children born of this marriage between the parties.

5. At the time of the marriage, the Husband owned the following assets:

Home with equity of $17,900.00

Business with equity of 5.000. 00

Prints with equity of 2,300.00

Automobile with equity of 7.000. 00

6. The Wife came into marriage with an automobile and furnishings of a three-bedroom house.

7. Prior to the marriage the Husband, with separate funds, purchased a home in his name in which the parties lived until their separation.

8. The Wife had been previously married and had four children by that marriage, one of whom lived with the parties approximately eight years.

9. The Wife was an educator and taught elementary school children for thirty years.

10. The Husband is a golf professional; both before and since the marriage.

11. During the course of the marriage the Wife inherited assets from her mother’s estate of approximately $19,000.00.

12. From the date of the marriage until 1975 the parties had a joint [6]*6account into which they “pooled” their income. This account was used to pay marital obligations, household bills, and support to some extent, her four children by a previous marriage. The Wife presented voluminous records which included deposits to the joint account and checks written for various expenditures. However, many of the deposits máde and checks written were missing, which could well be expected since they dated back to the early 1970’s. The Court finds that this evidence substantiates the testimony of both parties that their funds went to defray the marital and family obligations.

13. During the course of the marriage there were no major improvements to the home which would have caused the property to increase in value, other than by appreciation.

14. Through monthly payments on the mortgage, the unpaid principal balance has decreased from an original amount of $27,500.00 to $5,100.00.

15. The former marital home is not a marital asset for which the Wife has a claim under the theory of equitable distribution. Horton v. Horton, 433 So.2d 1386 (Fla. 5th DCA 1983) and Palumbo v. Palumbo, 439 So. 2d 232 (Fla. 5th DCA 1983).

16. Although the increase in the value of the home during the course of the marriage is represented principally by appreciation in value, the Wife has contributed to the reduction of the principal balance of the mortgage loan. These funds were derived from the contribution to the joint account of the parties of her salary and her inheritance from her mother’s estate through 1975.

17. Therefore, the Wife is entitled to a share or portion of same through lump sum alimony. Cf. Sanders v. Sanders, 11 FLW 1547 (Fla. 1st DCA Opinion filed July 15, 1986).

18. In 1975 the Wife stopped teaching and purchased a building and started a child care and preschool facility.

19. The Wife contributed $6,000.00 from her school retirement fund and the Husband contributed $5,000.00 of borrowed money, all of which was used for the down payment and to purchase equipment for the school.

20. From 1975 to 1982, the Wife worked at the school.

21. The Husband, in the early years, did the books and payroll for the school. In August of 1982, the school was sold for $115,000.00. The buyers gave to the parties a $95,000.00 purchase money mortgage. From the cash at closing were paid the expenses on the sale, with the balance being split in order to recapture their original investment. The [7]*7$95,000.00 mortgage was a wraparound mortgage; the payments were $1,362.00 per month. From this amount the parties had to pay the first mortgage in the amount of $360.00 per month to Atlantic Savings. The first mortgage had a balloon payment of $27,000.00 which was due in August of 1985.

22. The Husband testified that at about the time of the separation the parties discussed and agreed that the Wife would receive the $1,362.00 monthly mortgage check and pay from it the $360.00 first mortgage to Atlantic Savings, and that the difference of approximately $1,000.00 would be saved by her to be used to pay off the $27,000.00 balloon payment due in August of 1985, and that the Wife would seek re-employment. In the interim, the Husband would fully support the Wife which included paying the mortgage, utilities, phone, automobile, gas and maintenance, medical, some clothing, plus $100.00 per week. This would save the necessary money to pay the balloon mortgage payment, and that the Wife would be entitled to this mortgage as her share of the marital assets. During this period of time, the Husband did, in fact, assign his interest in the mortgage to the Wife. The Wife disputes this testimony, notwithstanding the fact that this plan was carried out on the Husband’s party until July of 1985 when he discovered that she had not saved the $1,000.00 per month, but instead she had spent virtually all of it. It was at this time that the dissolution of marriage proceeding was pushed to its conclusion. The Court finds that the Husband had supported the Wife during the wole period of separation, same lasting approximately 4 years. The Wife has made no attempt to seek employment during this time notwithstanding the fact that she has worked her entire adult life. From August of 1982 until July of 1985, the Wife collected on the first mortgage $47,802.00 and paid to Atlantic Savings $13,673.00. She spent all but approximately $2,000.00 of the difference of $33,409.00. During a portion of 1985 the Husband gave to the Wife an additional $100.00 per week.

23. In late summer of 1985 the Husband stopped making weekly support payments. Thereafter, the Temporary Order was entered in this case. The Wife was required to refinance the first mortgage in August 1985. The net equity in the wrap-around mortgage (from the sale of the school) is approximately $62,000.00. At this time, this mortgage is solely in her name by virtue of the Husband’s assigning interest in it to the Wife.

24. The Husband’s current income as a professional golfer, based upon his 1985 Income Tax return and his Financial Affidavit, is a gross of $653.00 per week and a net of $487.00 per week. The current value of the Husband’s business is approximately $18,000.00. At the time of [8]*8the marriage it was approximately $5,000.00. This amounts to an increase of approximately $13,000.00.

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Related

Palumbo v. Palumbo
439 So. 2d 232 (District Court of Appeal of Florida, 1983)
Horton v. Horton
433 So. 2d 1386 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
20 Fla. Supp. 2d 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-thelk-flacirct-1986.