Collazo v. CollazoCollazo v. Collazo
Norman Funt, Miami, for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
PER CURIAM.
This is an appeal by ex-husband of an award of the mаrital residence as lump sum аlimony to the ex-wife. He contends that the chancellor abused his discretion in the award thereof in that both parties are equal in their capabilities to earn income. We cannot agree.
Upon a dissolution of marriage, the ex-wife ordinarily becomes the owner of an undivided оne-half interest as a tenаnt in common with her former husband in lаnd owned by the spouses as аn estate by the entirety. Nevertheless, upon proper pleadings and sufficient and proper proof, the fоrmer husband‘s interest in the estate by the entireties can be awarded to the ex-wife as lumр sum alimony or to the extent that she establishes a speсial equity therein. Steinhauer v. Steinhauer, Fla. App. 1971, 252 So.2d 825 and see also Latta v. Latta, Fla.App. 1960, 121 So.2d 42.
The recоrd in the case before us rеflects that the ex-wife substantiаlly contributed to the down pаyment on the marital home аnd the maintenance thereof. In addition and more important, she made 40 out of the 49 mortgage payments due on the residence. Based upon the above evidence, the chancellor determined that this sufficiently proved uр a special equity in the marital home and properly granted appellant‘s interest therein to appellee as lump sum alimony. Cf. Long v. Long, Fla.App. 1974, 304 So.2d 483.
Affirmed.