History
  • No items yet
midpage
Garmon v. Garmon
357 So. 2d 487
Fla. Dist. Ct. App.
1978
Check Treatment
PER CURIAM.

The subject of this appeal is the trial court’s award to the husband of the wife’s interest in a jointly-owned 32-foot yacht. The award is erroneous because the husband did not plead special equity or other theory justifying the award to him of the wife’s interest. A trial court’s authority to effect a change in the title of jointly-owned property in a dissolution is restricted to an award of lump sum alimony, a determination of a special equity, a partition of the property, or a division based on the agreement of the parties. Niemann v. Niemann, 294 So.2d 415 (Fla. 4th DCA 1974). On dissolution of the marriage here, the parties became tenants in common of the yacht.

Accordingly, the judgment awarding the yacht to the husband is REVERSED and the cause REMANDED for further proceedings consistent herewith.

MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.

Case Details

Case Name: Garmon v. Garmon
Court Name: District Court of Appeal of Florida
Date Published: Apr 19, 1978
Citation: 357 So. 2d 487
Docket Number: No. HH-246
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.