Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MANUEL A. SUAREZ, APPELLANT, v. DORIS SUAREZ, APPELLEE.

PER CURIAM.

We find ourselves in agreement with both of the ex-husband's contentions on his appeal from the financial aspects of a judgment of dissolution. First, it was error, in the light of the Suarezes' roughly equal financial situations, to deprive the husband of his only valuable asset by awarding the wife his interest in the marital home, which had been held by the entireties, as lump sum alimony-equitable distribution. Iribar v. Iribar, 510 So.2d 1023 (Fla. 3d DCA 1987); Harris v. Harris, 498 So.2d 1046 (Fla. 3d DCA 1986); Hiler v. Hiler, 442 So.2d 373 (Fla. 2d DCA 1983); Bullard v. Bullard, 413 So.2d 1238 (Fla. 3d DCA 1982). Hence, the home shall be titled in the names of both Suarezes as tenants in common. Second, the amount of periodic alimony is plainly far beyond the ex-husband's ability to pay. Farrington v. Farrington, 390 So.2d 461 (Fla. 3d DCA 1980), pet. for review denied, 399 So.2d 1142 (Fla. 1981); Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980); see Dunstan v. Weatherspoon, 505 So.2d 23 (Fla. 3d DCA 1987). Consequently, after remand, the trial court shall fix a substantially smaller amount upon consideration of the then existing circumstances, including the change required by our determination concerning the disposition of the home.

Reversed and remanded with directions.

Use AI to get other relevant cases.

Comments

SUAREZ v. SUAREZ
(Nov 3, 1987)