Division Property and Assets in Palm Beach County, Florida

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