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Malkemes v. Malkemes

District Court of Appeal of Florida, Second District
Apr 27, 1978
357 So. 2d 223 (Fla. Dist. Ct. App. 1978)

Summary

affirming a 100% special equity in two condominium apartments that were purchased during the marriage with money the wife had received from a source unconnected with the marriage

Summary of this case from Hoffay v. Hoffay

Opinion

No. 77-1425.

March 29, 1978. Rehearing Denied April 27, 1978.

Appeal from the Circuit Court, Collier County, Harold S. Smith, J.

T.H. "Ted" Brousseau, Jr., Naples, for appellant.

George O. Kluttz of Pavese, Shields, Garner, Haverfield Kluttz, Fort Myers, for appellee.


The primary thrust of this appeal is whether the court properly awarded appellee a 100% special equity in a house and two condominium apartments which had been acquired in tenancy by the entirety during the parties' short marriage. This suit for dissolution was filed subsequent to Ball v. Ball, 335 So.2d 5 (Fla. 1976), so none of the pre- Ball presumptions were applicable.

The record contains clear and convincing evidence to support the court's conclusion that the apartments were bought with money which the appellee had obtained from a source unconnected with the marital relationship and that she did not intend to make a gift of the funds. There is similar evidence with respect to the house except that not all of the monies for its purchase were furnished by the appellee. The record reflects that the appellant contemporaneously supplied $4,000 of his own funds toward the down payment and he signed a joint note with appellee for another $7,000 to be applied thereon. Since the down payment was approximately $30,000, the appellee's interest in the house should have been limited to 75%.

The other points raised by appellant are without merit. The judgment is modified to the extent that Kathryn W. Caston (formerly Malkemes) shall own an undivided 75% interest and Keith O. Malkemes shall own an undivided 25% interest in the following described property:

Lot 19, Block 127, Unit 4, MARCO BEACH SUBDIVISION, as recorded in Plat Book 6, Pages 32-37, Public Records of Collier County, Florida.

AFFIRMED, AS MODIFIED.

GRIMES, Acting C.J., and RYDER and DANAHY, JJ., concur.


Summaries of

Malkemes v. Malkemes

District Court of Appeal of Florida, Second District
Apr 27, 1978
357 So. 2d 223 (Fla. Dist. Ct. App. 1978)

affirming a 100% special equity in two condominium apartments that were purchased during the marriage with money the wife had received from a source unconnected with the marriage

Summary of this case from Hoffay v. Hoffay
Case details for

Malkemes v. Malkemes

Case Details

Full title:KEITH O. MALKEMES, APPELLANT, v. KATHRYN W. MALKEMES, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 27, 1978

Citations

357 So. 2d 223 (Fla. Dist. Ct. App. 1978)

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