Proffitt v. Proffitt

District Court of Appeal of Florida

Proffitt v. Proffitt

372 So. 2d 954, 1979 Fla. App. LEXIS 15167

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1979

DocketNo. MM-217

StatusPublished

Cited by1 cases

This text of 372 So. 2d 954 (Proffitt v. Proffitt) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Proffitt v. Proffitt, 372 So. 2d 954, 1979 Fla. App. LEXIS 15167 (Fla. Ct. App. 1979).

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Opinion

ERVIN, Judge.

The parties agree, as do we, that there was no evidence supporting the trial court’s finding that the home in which the parties lived during marriage was owned jointly. The court’s conclusion that upon dissolution the home was owned by each as tenants in common was error, and the case is remanded to the trial court for a determination whether the wife had an interest in the home which would otherwise justify an award of the home to her.

ROBERT P. SMITH, Jr., Acting C. J., and LARRY G. SMITH, J., concur.

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ERVIN, Judge.

The parties agree, as do we, that there was no evidence supporting the trial court’s finding that the home in which the parties lived during marriage was owned jointly. The court’s conclusion that upon dissolution the home was owned by each as tenants in common was error, and the case is remanded to the trial court for a determination whether the wife had an interest in the home which would otherwise justify an award of the home to her.

ROBERT P. SMITH, Jr., Acting C. J., and LARRY G. SMITH, J., concur.

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372 So. 2d 954, 1979 Fla. App. LEXIS 15167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proffitt-v-proffitt-fladistctapp-1979.

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