Vega v. Jaramillo
After a dissolution judgment classified a home titled solely in the husband's name as 'marital property' and awarded him possession and sole mortgage responsibility, the ex-wife filed a separate partition action. The trial court found the parties were tenants in common and ordered sale and equal division. The Sixth District reversed, holding that classification of property as marital for equitable distribution purposes does not create joint title or a tenancy by the entireties, so the ex-wife lacked the title interest required to maintain a partition action under section 64.031.
Key facts
- Husband and wife divorced; trial court classified home titled solely in husband's name as 'marital property' and awarded him possession with sole mortgage responsibility.
- Ex-wife filed a separate partition action seeking equal division; trial court found parties were tenants in common and ordered sale with equal distribution.
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Why it matters
The opinion draws a clear line between equitable-distribution classification and record title, a distinction that recurs whenever a former spouse or co-occupant seeks partition after divorce. Real property and family… — full analysis with a trial
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