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The Law Offices of Robin Bresky Boca Raton & West Palm Beach Appellate Attorney
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Free Rent Ends When New Marriage Begins: Fourth DCA Makes Clear That Awards of Exclusive Possession of Marital Home Must Provide for Termination Upon Remarriage

Fisher v. Fisher
Case No. 4D10-383

The Fourth District Court of Appeal (“Fourth DCA”) addressed a direct appeal from a final judgment of dissolution of marriage. The trial court’s final judgment provided that the former wife and minor children would have exclusive use and possession of the marital home until the youngest child reached the age of eighteen or became emancipated. The former husband appealed, arguing that the trial court erred in including the provision for the former wife’s exclusive use and possession of the marital home where the trial court failed to provide for the termination of the former wife’s exclusive use and possession if she remarried. The Fourth DCA agreed with former husband. Citing its opinion in Arze v. Sadough-Arze, 789 So. 2d 1141 (Fla. 4th DCA 2001), the Fourth DCA reaffirmed that awards of exclusive use and possession of the marital home should specify a time duration and provide for termination of the award on the remarriage of the spouse in residence.

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