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Exclusive Use And Possession Of Marital Home With Sale In 18 Months Remanded For Lack Of Detail As To Carrying Costs, Sale Procedure ETC.

February 2, 2016 by  
Filed under Uncategorized

In Jones v. Jones, the trial court awarded exclusive use and possession of the marital home and ordered for it to be sold within 18 months.
The Fifth District court of Appeals for the State of Florida remanded the case to the trial court ruling that the trial court’s final judgment should have specifically addressed each party’s financial responsibilities during the period of exclusive use and possession prior to sale of the marital home and the consequences should Former Wife fail to sell or refinance the home within the allotted time frame.  While a trial court has considerable latitude to provide for exclusive possession and the sale of a property its judgment should be specific as to the carrying costs, sale procedure, and consequences should the sale not occur.
If you want to talk to a lawyer about equitable distribution, exclusive use and possession of a home, or the sale of a home as part of a divorce please contact us to schedule a consultation.

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