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Divorce, Error To Require Wife Accept $100 A Month Over 20 Years For Her Interest In Marital Home

April 26, 2016 by  
Filed under Uncategorized

Divorce, Equitable Distribution, Marital Home

In Thomas-Nance v. Nance, the Second District Court of Appeals for the State of Florida ruled that it was an abuse of discretion to rule in a divorce that the wife had to give the husband her $25,000 interest in their marital home immediately and then be  repaid $100 a month by the Husband.  At that rate repayment would have taken more than 20 years.   The Court found it unreasonable to deprive the wife of her interest in the property with her then having to wait so long to be fully reimbursed for it.  The Court reversed the judgment with instructions for the trial court to consider other options like requiring the husband to refinance, take out a loan, sell the home, or give the wife a judgment that she could enforce against other assets.


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