Division of Property And Assets in Palm Beach County, Florida

Florida Rulings Division of Marital Property and Marital Assets – Sale of Marital Home in Florida If a trial court orders the sale or refinance of the marital home, the court must fix a reasonable deadline for the sale or refinance. “The trial court awarded the former wife possession of the marital home and awarded the former husband one-half of the equity in the home. Pursuant to the final judgment, the former husband was to be paid his half of the equity upon the refinancing or sale of the home. The final judgment did not, however, include a date by which such refinancing or sale must occur. We agree with the former husband that the trial court erred by failing to include a deadline for the refinancing or sale of the marital home. If the trial court orders the sale of the marital home in the final judgment “the judgment must fix a reasonable deadline by which the sale must take place.” Sullivan v. Sullivan, 363 So. 2d 393, 395 (Fla. 2d DCA 1978) (citing Carlsen v. Carlsen, 346 So. 2d 132, 133 (Fla. 2d DCA 1977)). As was the case in Sullivan, “[t]he judgment now before us is deficient because it sets no deadline for the sale of the home by the parties.” Id. We therefore reverse that portion of the final judgment which fails to set a deadline for sale or refinancing of the marital home and remand for the trial court to provide such deadline. See Blackmon v. Blackmon, 969 So. 2d 426, 430 (Fla. 1st DCA 2007).” Gulledge v. Gulledge, 37 Fla. L. Weekly D504 (Fla. 2d DCA February 29, 2012)

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