Wednesday, August 31, 2011

Third DCA Overturns “Special Equity” Grant

The Third District Court overturned a lower court’s grant to the Husband of a “special equity” in the parties’ home in Jurasek v. Jurasek, largely because the concept was abolished nearly three years ago.  The Husband had argued that the abolition of special equity, occurring post-filing in that case, did not apply.  The Third District did not rule as to retroactivity, instead finding that an unequal distribution would also have been inappropriate, as the statutory presumption of interspousal gift was not defeated.

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