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Homestead and Divorce cases

Author johnbsims3
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#1 - Posted: 27 Dec 2006 16:29 
Davis v. Amerifirst Bank, 578 So.2d 318
Fla.App. 3 Dist.,1991
Even if real property pledged to secure mortgage was at one time homestead, it lost such status when maker of note and mortgage, and owner of property, became divorced.



Cain v. Cain, 549 So.2d 1161
Fla.App. 4 Dist.,1989
Award of possession of marital residence to wife does not extinguish husband's homestead. West's F.S.A. Const. Art. 10, 4.



Cain v. Cain, 549 So.2d 1161
Fla.App. 4 Dist.,1989
Husband retained homestead interest in home, notwithstanding dissolution judgment awarding possession of residence to wife, where husband's children still resided at residence, he occasionally received mail there, and he had neither alienated his interest or shown any intent to establish homestead elsewhere; thus, husband's undivided one-half interest in residence could not be levied upon in violation of his homestead interest. West's F.S.A. Const. Art. 10, 4.



In re Estate of Melisi, 440 So.2d 584
Fla.App. 4 Dist.,1983
Owner may, in case of divorce, be precluded from residing on homestead with family of which he is head due to award of exclusive possession to other spouse; homestead character of property is in that case not abandoned.



In re Estate of Melisi, 440 So.2d 584
Fla.App. 4 Dist.,1983
If noncustodial parent, subsequent to divorce, was head of family at time of his death, his undivided one half of property was homestead and he was prohibited from disposing of it by will during child's minority. West's F.S.A. Const. Art. 10, 4(c).



Nationwide Financial Corp. of Colorado v. Thompson, 400 So.2d 559
Fla.App. 1 Dist.,1981
Where defendant's wife and minor child still occupied residence during period of time that defendant retained his ownership interest in the property after he moved out and resided in an apartment, defendant had not "abandoned" the property, and thus plaintiff's lien did not attach to property when it allegedly ceased to become homestead property upon abandonment. West's F.S.A.Const. Art. 10, 4(a).



Barnett Bank of Cocoa, N.A. v. Osborne, 349 So.2d 223
Fla.App. 4 Dist.,1977
Where husband and wife owned property as tenants in common and were divorced by decree which gave wife custody of the children and possession of the home until youngest child reached 18, property was subject to homestead exemption claimed by former husband.



Moore v. Hunter, 13 So.2d 909
Fla.,1943
In suit to quiet title to realty, conveyed to complainant by her divorced husband, pursuant to property settlement agreement, by deed executed and delivered after divorce was granted, bill was sufficient to withstand motion to dismiss on ground that deed attempted to convey homestead without joinder of grantor's wife.

Civil and Criminal Issues Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Civil and Criminal Issues /
Homestead and Divorce cases
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