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Date: 07-10-2024
Case Style:
Clinton Parker Johnston v. Sheri Jeanette Johnston
Case Number: 2D2021-1457
Judge: Alissa Ellison
Court: Circuit Court, Hillsborough County, Florida
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Tampa, Florida divorce lawyers represented husband and wife in a division of property dispute.
The parties married in 2015. During the marriage, they purchased the Estrella and Hatcher Road Properties. These properties are jointly titled.
After four years of marriage, Former Husband filed for divorce. He asked the trial court to distribute the parties' assets and liabilities according to their Prenuptial Agreement.
Paragraph 15.4 of the Prenuptial Agreement limited "the marital estate available for equitable distribution . . . to (b) property acquired by the Parties during the marriage that is clearly and directly traceable to [income defined as marital property by this Agreement], and (c) any other marital property expressly provided for by this Agreement." Paragraph 5.1 describes the Former Husband's separate property as:
(e) the [Bayshore] residence . . . and any future residence purchased with the proceeds from the sale of such property and any other real property purchased with [Former] Husband's separate property or in [Former] Husband's sole name . . ., along with any equity in same (provided that (1) all pieces of real property jointly owned at the time a petition for dissolution for marriage or similar action is filed, unless separately titled, shall constitute marital property subject to equitable distribution and (2) in the event it is [Former] Husband's intention to keep a property separate but law requires [Former] Wife's name be added to same, the parties shall both execute a written document evidencing their clear intent)[.] ....
(h) any replacements of separate property; (i) any property exchanged for separate property; [and]
(j) any property purchased with separate funds or with proceeds from the sale of separate property; ....
(Emphasis added.) Paragraph 5.2 states that "[s]eparate property is synonymous with non[]marital property."
After an evidentiary hearing, the trial court entered a final judgment. The trial court recognized that Former Husband used $91,240.13 and $96,000.00 from his separate, nonmarital funds to buy the Estrella and Hatcher Road Properties, respectively. The trial court also found that Former Husband was "entitled to the portion of his separate property used to purchase the" properties. The trial court explained that although the parties jointly owned the properties, the $91,240.13 and $96,000.00 were "clearly and directly traceable" to Former Husband's separate property and were "thus his separate, non[]marital property under paragraphs 5.1(h), (i) and (j)." The trial court further reasoned that Former Husband's separate portion of the jointly owned property did not constitute marital property subject to equitable distribution under paragraph 5.1(e) as the paragraph included the term "equity" "when referring to separate property" and omitted the same term "when referring to real property jointly owned."...
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Johnston v. Johnston, 2D2021-1457, 2D2022-1986 (Fla. App. Jul 10, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: