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343 So. 2d 938

Margolis v. Margolis

District Court of Appeal of Florida · decided 1977-03-15

Cited by 1 later decisions — most recently August 1981

1 state decisions

Relies on Cummings v. Cummings · 267 So. 2d 665 - Sharpe v. Sharpe · Harder v. Harder

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-15

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PER CURIAM.

¶1The parties to this appeal were engaged in domestic litigation in the trial court. The appellant sought an accounting for the jointly-owned property and to declare a special equity in certain other property.

¶2Subsequent to the trial court entering an order dissolving the marriage (wherein he retained jurisdiction to determine alimony, property division, and attorney fees), the trial judge appointed commissioners to recommend a partition of the assets of the parties. This appeal ensued.

¶3Upon the dissolution of' marriage, the jointly-held property vested, as a matter of law, as tenants in common. It was the responsibility of the trial judge to adjudicate any special equity. Therefore, we find error in the appointment of the commissioners. Harder v. Harder, 264 So.2d 476 (Fla. 3rd D.C.A.1972); Sharpe v. Sharpe, 267 So.2d 665 (Fla. 3rd D.C.A.1972); Cummings v. Cummings, 330 So.2d 134 (Fla.1976); Section 689.15, Florida Statutes (1975).

¶4The order appointing partition commissioners, dated August 24, 1976, be and the same is hereby reversed and the matter is remanded to the trial court for further proceedings not inconsistent herewith.

¶5Reversed and remanded, with directions.

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