A final judgment providing for exclusive use and occupancy must state that it terminates upon the occupant’s remarriage. “The final judgment provided, inter alia, that “[t]he children and Wife shall be awarded exclusive use of the marital home for a minimum of 14 years, when the parties’ youngest child will begin college or otherwise be emancipated.” Former Husband contends the trial court erred in granting Stacey Fisher (“Former Wife”) exclusive use and possession of the marital home without providing for termination of such use upon Former Wife’s remarriage. We agree…As this Court has stated: An award of exclusive use and possession should specify the period of time for possession, and should include an express provision for termination of exclusive use and possession when the minor child attains the age of eighteen, as well as a provision that the award may be terminated if the party in residence remarries. Arze v. Sadough-Arze, 789 So. 2d 1141, 1145 (Fla. 4th DCA 2001) (quoting Todd v. Todd, 734 So. 2d 537, 540 (Fla. 1st DCA 1999)).” Byrne v. Byrne
Division Property and Assets in Palm Beach County, Florida
Categories
- Alimony (86)
- Child Custody And Visitation (46)
- Child Relocation (15)
- Child Support (14)
- Division Of Property And Assets (46)
- Divorce (27)
- Divorce Child Support (1)
- Enforcement (4)
- Father's Rights (1)
- Modification Of Alimony (19)
- Modification Of Child Custody & Visitation (11)
- Modification Of Child Support (6)
- Paternity (17)
- Prenuptial Agreements (1)
- Same-Sex Divorce (1)
- Uncategorized (35)
Archives
- February 2021 (2)
- January 2021 (1)
- December 2020 (3)
- August 2020 (3)
- July 2020 (2)
- June 2020 (2)
- May 2020 (3)
- April 2020 (2)
- March 2020 (3)
- January 2020 (2)
- December 2019 (1)
- September 2019 (1)
- August 2019 (3)
- July 2019 (1)
- May 2019 (1)
- April 2019 (2)
- March 2019 (1)
- February 2019 (2)
- January 2019 (1)
- December 2018 (2)
- September 2018 (2)
- August 2018 (1)
- June 2018 (2)
- May 2018 (1)
- April 2018 (3)
- March 2018 (1)
- February 2018 (1)
- January 2018 (2)
- December 2017 (2)
- November 2017 (2)
- October 2017 (3)
- September 2017 (2)
- August 2017 (3)
- July 2017 (2)
- June 2017 (3)
- May 2017 (3)
- April 2017 (1)
- May 2016 (2)
- April 2016 (1)
- March 2016 (4)
- February 2016 (1)
- January 2016 (3)
- December 2015 (4)
- November 2015 (2)
- October 2015 (4)
- September 2015 (2)
- August 2015 (3)
- July 2015 (2)
- June 2015 (1)
- May 2015 (4)
- April 2015 (5)
- March 2015 (3)
- February 2015 (6)
- January 2015 (3)
- December 2014 (6)
- November 2014 (5)
- October 2014 (4)
- September 2014 (4)
- August 2014 (2)
- July 2014 (2)
- June 2014 (7)
- May 2014 (6)
- April 2014 (10)
- March 2014 (4)
- February 2014 (4)
- January 2014 (6)
- December 2013 (7)
- November 2013 (4)
- October 2013 (4)
- September 2013 (10)
- August 2013 (10)
- June 2013 (1)
- February 2013 (12)
- August 2012 (2)
- July 2012 (4)
- June 2012 (6)
- May 2012 (3)
- April 2012 (6)
- March 2012 (2)
- January 2012 (6)
- December 2011 (7)
- November 2011 (4)
- October 2011 (5)
- September 2011 (8)
- August 2011 (7)
- July 2011 (9)
- June 2011 (14)
- May 2011 (14)
- April 2011 (3)