Proffitt v. Proffitt

District Court of Appeal of Florida

Proffitt v. Proffitt

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

District Court of Appeal of Florida·Decided June 13, 1979·No. No. MM-217·Published·Cited by 1 cases

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.

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

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Opinion

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