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and to thwart creditors, but not as a gift. Ball v. Ball 335 So. 2d 5;
Sup. Ct. 1976.
The parties acquired during their marriage a lot in the center of
Fort Pierce upon which is situated a building as part of Barrie Reed
Auto Plaza, the husband's business. A property in south St. Lucie County
is also jointly owned which is used as a used car lot. The last parcel
of joint property is an apartment in Fort Pierce which is the present
residence of Mr. Reed.
IT IS ORDERED AND ADJUDGED as follows:
1. The marriage between BARRIE REED and SELMA L. REED, be and the.
same is hereby dissolved and the parties and each of them are hereby
forever freed from the bonds of matrimony heretofore existing between
them and from the obligations arising therefrom.
2. That in view of the needs of the parties by virtue of the holding
in Canakaris v.. Canakaris 382 So. 2d, 1197, (Fla. 1980), the husband
shall convey to the wife his interest in the approximately 72 acres of
grove land known as the Orange Avenue Extension property. It is the intent
of this order that the wife shall own said property free and clear of any
encumbrances. The parties will use their best efforts to obtain a partial
release of mortgage on the grove so it will apply to only the house and
surroundings 3.4 acres. The Court finds that the husband, through the
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funds that he expended in the improvements and renovation of the house,
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~ has a special equity in the house to the extent that the parties shall
~ be tenants in common of the house and the surrounding 3.4 acres. The
~ wife shall have exclusive possession of the property until she dies or
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remarries at which time the property shall either be sold or the wife
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shall purchase the husband's one-half (1/2) interest at the then current
market value to be determined by a mutually agreed upon appraiser. Each
~ party shall be responsible for one-half (1/2) of the mortgage payments.
The wife shall be res onsible for the maintenance u kee
p p p, and taxes on
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t
E the property so long as she is in possession.
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The Court finds that the husband has a special equity in the used
car lot and building which is presently in joint name and is an integral ~
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~ part of his automobile business. All of his funds went toward the purchase
~ of the property. The wife is ordered to convey her interest in said
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