Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case is pending, one spouse might remain in the jointly-owned marital home while the other spouse lives elsewhere. How does the court decide who is responsible for the mortgage or how a spouse is compensated for being excluded from occupying the residence? This is an issue briefly discussed in the case Charbonneau v. Charbonneau, 3D22-1507 (Fla. 3d DCA May 1, 2024).
In this divorce case, the former wife sought allocation of mortgage expenses related to the marital home and credits and setoffs. The trial court denied the former wife’s motion to clarify on these issues and she appealed. The appellate court affirmed the trial court’s order, holding “The Former Wife benefitted from occupancy of the marital home from the date of the final judgment until sale of the marital home. The marital home, and the Former Wife’s ability to remain in residency until its sale, are benefits derived from a marital asset to which both parties held equal interest. No clarification of the parties’ post-sale credits is necessary.”
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