In many divorce cases, one of the key areas to resolve is equitable distribution. In some marriages, the couple may have a mixture of marital assets, non-marital assets, and maybe non-marital assets that were improved or acquired in part by using marital funds. Reaching a conclusion on equitable distribution can be very complex and is yet another example of where the experience of knowledgeable Florida divorce attorneys can help. One Tampa-area case involved just such a complication when the couple had used marital funds to pay the mortgage on a non-marital asset.
In this case, the wife, Bridgett, owned one-half of a duplex. That asset was the wife’s non-marital property. During the marriage, the couple paid $350 of marital funds toward the duplex’s mortgage from November 2004 until the wife’s half of the duplex was destroyed by fire in November 2006.
Sometime later, Bridgett and her husband, Ricky, divorced. During the divorce hearing, the husband sought credit for the duplex mortgage payments in calculating the couple’s equitable distribution. The trial judge agreed with the husband and gave him dollar-for-dollar credit for the full amount of the 24 mortgage payments made on the duplex during the marriage.