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Florida Statute 61.077 | Lawyer Caselaw & Research
F.S. 61.077 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 61.077

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.077
61.077 Determination of entitlement to setoffs or credits upon sale of marital home.A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale. In the absence of a settlement agreement involving the marital home, the court shall consider the following factors before determining the issue of credits or setoffs in its final judgment:
(1) Whether exclusive use and possession of the marital home is being awarded, and the basis for the award;
(2) Whether alimony is being awarded to the party in possession and whether the alimony is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(3) Whether child support is being awarded to the party in possession and whether the child support is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(4) The value to the party in possession of the use and occupancy of the marital home;
(5) The value of the loss of use and occupancy of the marital home to the party out of possession;
(6) Which party will be entitled to claim the mortgage interest payments, real property tax payments, and related payments in connection with the marital home as tax deductions for federal income tax purposes;
(7) Whether one or both parties will experience a capital gains taxable event as a result of the sale of the marital home; and
(8) Any other factor necessary to bring about equity and justice between the parties.
History.s. 1, ch. 97-249.

F.S. 61.077 on Google Scholar

F.S. 61.077 on Casetext

Amendments to 61.077


Arrestable Offenses / Crimes under Fla. Stat. 61.077
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.077.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SALAZAR, v. M. GIRALDO,, 190 So. 3d 248 (Fla. Dist. Ct. App. 2016)

. . . -Section 61.077, Florida Statutes (2015), provides: A party is not entitled to any credits or setoffs . . . , the record does not establish that the trial court considered the factors enumerated in section.- 61.077 . . . silent on matter and record did not indicate that trial court considered factors outlined in section 61.077 . . .

CAINE, v. CAINE,, 152 So. 3d 860 (Fla. Dist. Ct. App. 2014)

. . . Because the trial court’s order did not reflect that it considered (i) the factors in section 61.077, . . . With respect to the granting of credits or setoffs relating to the sale of the marital home, section 61.077 . . . The statute is clear, however, that the eight factors enumerated in section 61.077 “shall be considered . . . On remand, the trial court should specifically address the factors enumerated in section 61.077 and determine . . .

A. GONZALEZ DEL REAL, v. DEL REAL,, 139 So. 3d 442 (Fla. Dist. Ct. App. 2014)

. . . Because it is unclear whether the trial court considered the factors set forth in section 61.077, Florida . . . Section 61.077 provides, in part: A party is not entitled to any credits or setoffs upon the sale of . . . court to address whether the former wife was entitled to credits and setoffs in accordance with section 61.077 . . .

L. SWERGOLD, v. H. SWERGOLD n k a H., 82 So. 3d 1148 (Fla. Dist. Ct. App. 2012)

. . . Section 61.077, Florida Statutes (2008), provides: A party is not entitled to any credits or setoffs . . . The final judgment does not reference section 61.077 or outline the factors which the trial court used . . . Silverman, 940 So.2d 615, 618 (Fla. 2d DCA 2006) (remanding for trial court to address factors in section 61.077 . . .

G. TUOMEY, v. B. TUOMEY,, 74 So. 3d 583 (Fla. Dist. Ct. App. 2011)

. . . the former husband’s payments in excess of the fair rental value, if any, in accordance with section 61.077 . . .

HERNANDEZ, v. HERNANDEZ,, 58 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . to which Husband may be entitled for his mortgage payments on the marital home, pursuant to section 61.077 . . . entitled to credits or setoffs for his mortgage payments on the marital home, in accordance with section 61.077 . . .

GREEN, v. GREEN,, 16 So. 3d 298 (Fla. Dist. Ct. App. 2009)

. . . the equities of the situation in this partition action existed long prior to the enactment of section 61.077 . . . , Florida Statutes (1997), and Appellee/Cross-Appellant's argument on cross-appeal that section 61.077 . . .

B. PARKS, v. M. PARKS,, 18 So. 3d 1072 (Fla. Dist. Ct. App. 2009)

. . . See also § 61.077, Fla. Stat. (2002). . . .

S. SWEET, v. C. SWEET,, 993 So. 2d 91 (Fla. Dist. Ct. App. 2008)

. . . See § 61.077 (providing factors to determine credits and setoffs upon sale of marital home). . . . See § 61.077(2) (requiring court to consider whether alimony is being awarded to cover expenses of marital . . .

CARDELLA- NAVARRO, v. NAVARRO,, 992 So. 2d 856 (Fla. Dist. Ct. App. 2008)

. . . husband and GE Commercial Distribution Finance Corporation because it is inconsistent with section 61.077 . . . specifically provides that certain credits or setoffs are allowed or given at the time of the sale.” § 61.077 . . . In such a situation, section 61.077 allows the court to consider certain factors in determining the issue . . . Amended Final Judgment does not reflect that the trial court evaluated any of the factors in section 61.077 . . . The husband argues that the trial court’s order was justified under the eighth factor of section 61.077 . . .

L. WOLF, v. G. WOLF,, 979 So. 2d 1123 (Fla. Dist. Ct. App. 2008)

. . . Further, section 61.077, Florida Statutes (2003), states that a party to a dissolution action is precluded . . .

K. UDELL, v. S. UDELL,, 950 So. 2d 528 (Fla. Dist. Ct. App. 2007)

. . . requested “a reasonable rental value and or set-off as determined by the statutory factors set forth F.S. 61.077 . . .

GARCIA, v. HERNANDEZ,, 947 So. 2d 657 (Fla. Dist. Ct. App. 2007)

. . . Therefore, upon remand, pursuant to section 61.077, Florida Statutes (2005), the trial court is to determine . . .

SILVERMAN, v. SILVERMAN,, 940 So. 2d 615 (Fla. Dist. Ct. App. 2006)

. . . Neither the parties nor the trial court’s judgment references section 61.077, which provides as follows . . . 827, 828 (Fla. 4th DCA 2006) (remanding for the trial court to address, in accordance with section 61.077 . . . specifically address credits and setoffs on the sale of the marital residence in accordance with section 61.077 . . . Section 61.077, Florida Statutes, was enacted in 1997. See Ch. 97-249, at 4507-08, Laws, of Fla. . . . All the cases that the parties cite on this issue were decided before section 61.077 was enacted. . . .

HOLITZNER, v. HOLITZNER,, 920 So. 2d 827 (Fla. Dist. Ct. App. 2006)

. . . Section 61.077, Florida Statutes, provides, in relevant part, A party is not entitled to any credits . . . specifically provides that certain credits or setoffs are allowed or given at the time of the sale. § 61.077 . . .

McCARTHY, v. McCARTHY,, 922 So. 2d 223 (Fla. Dist. Ct. App. 2005)

. . . Furthermore, Section 61.077, Florida Statutes, which establishes the criteria for determination of entitlement . . . Section 61.077(1), Florida Statutes (2004), requires that the court consider the grounds upon which exclusive . . .

C. TODD, v. M. TODD,, 734 So. 2d 537 (Fla. Dist. Ct. App. 1999)

. . . Appellee responds that the statutory clarity of section 61.077, Florida Statutes (1997), obviates any . . . Section 61.077, Florida Statutes, provides in pertinent part: A party is not entitled to any credits . . . petition for dissolution of marriage was filed January 14, 1997, before the effective date of section 61.077 . . . served as an alternative means of bringing the sale of the marital home within the provisions of section 61.077 . . .