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423 So. 2d 602

Erick v. Erick

District Court of Appeal of Florida

Decided December 21, 1982

District Court of Appeal of Florida · decided 1982-12-21

Cited by 1 later decisions — most recently December 1986

1 state decisions

Relies on 342 So. 2d 861 - Singer v. Singer · 346 So. 2d 1060 - Waskin v. Waskin

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-21

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BASKIN, Judge.

¶1We modify the final judgment insofar as it requires the wife to pay three-quarters of the mortgage obligation without receiving reimbursement until sale of the marital home. The wife, who has exclusive possession of the house owned by the parties as tenants in common while the children are minors, is in no better position to carry the obligation than is the husband, despite the promise of reimbursement in the future. Although the trial court recognized that payment from the husband might increase if his earnings were to increase substantially, we find that the court’s failure to require the husband to pay half the mortgage, insurance, taxes, and necessary repairs as they became due constituted an abuse of discretion and permitted the husband to build his equity without full regard to the burden on the wife. Waskin v. Waskin, 346 So.2d 1060 (Fla. 3d DCA 1977); Singer v. Singer, 342 So.2d 861 (Fla. 1st DCA 1977). Accordingly, we modify the final judgment to require the husband to pay half the mortgage, insurance, taxes, and necessary repairs.

¶2Affirmed as modified.

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