Florida Statute 61.077 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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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 Citing Statute 61.077

Total Results: 20

Merana Toussaint v. Jonel Toussaint

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. § 61.077, Fla. Stat. (2024); Sell v. Sell, 949 So. 2d 1108

Merana Toussaint v. Jonel Toussaint

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. § 61.077, Fla. Stat. (2024); Sell v. Sell, 949 So. 2d 1108

Merana Toussaint v. Jonel Toussaint

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. § 61.077, Fla. Stat. (2024); Sell v. Sell, 949 So. 2d 1108

MICHELLE R. RHOULHAC v. KINS FRANCOIS

Court: District Court of Appeal of Florida | Date Filed: 2020-04-22

Snippet: disposition of a marital home under sections 61.075 and 61.077, Florida Statutes (2009). Section 61.075(3)

Salazar v. Giraldo

Court: District Court of Appeal of Florida | Date Filed: 2016-05-06

Citation: 190 So. 3d 248, 2016 WL 2596051, 2016 Fla. App. LEXIS 6979

Snippet: associated with the former marital home. -Section 61.077, Florida Statutes (2015), provides: A party is

League of Women Voters of Florida v. Detzner

Court: Supreme Court of Florida | Date Filed: 2015-12-02

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: 63_186 • 0.40 0.81 0.46 District 17 ' 116 478 . 0.61 077 , 0.36 AVERAGE 73.8 276.3 0.51 0.81 0.37 The Senate

Caine v. Caine

Court: District Court of Appeal of Florida | Date Filed: 2014-12-17

Citation: 152 So. 3d 860, 2014 Fla. App. LEXIS 20437, 2014 WL 7202923

Snippet: reflect that it considered (i) the factors in section 61.077, Florida Statutes (2010) when it denied the appellant’s

State v. Powell

Court: District Court of Appeal of Florida | Date Filed: 2014-06-20

Citation: 140 So. 3d 1126, 2014 Fla. App. LEXIS 9343, 2014 WL 2781839

Snippet: 1284 (Fla.2004) (citing Roviaro, 353 U.S. at 60-61, 77 S.Ct. 623). As the State holds the privilege of

Gonzalez Del Real v. Del Real

Court: District Court of Appeal of Florida | Date Filed: 2014-05-28

Citation: 139 So. 3d 442, 2014 WL 2206845, 2014 Fla. App. LEXIS 8097

Snippet: court considered the factors set forth in section 61.077, Florida Statutes (2012), we reverse and remand

State v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 141 So. 3d 1211, 2014 Fla. App. LEXIS 7693, 2014 WL 2118082

Snippet: See Roviaro v. United States, 353 U.S. 53, 59-61, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957) (discussing the

State v. Medina

Court: District Court of Appeal of Florida | Date Filed: 2013-11-20

Citation: 127 So. 3d 703, 2013 WL 6081704, 2013 Fla. App. LEXIS 18456

Snippet: also Roviaro v. United States, 353 U.S. 53, 60-61, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957). When a defendant

Swergold v. Swergold

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1148, 2012 Fla. App. LEXIS 3733, 2012 WL 716054

Snippet: 992 So.2d 856, 858 (Fla. 3d DCA 2008). Section 61.077, Florida Statutes (2008), provides: A party is

Tuomey v. Tuomey

Court: District Court of Appeal of Florida | Date Filed: 2011-11-18

Citation: 74 So. 3d 583, 2011 Fla. App. LEXIS 18405, 2011 WL 5598330

Snippet: rental value, if any, in accordance with section 61.077, Florida Statutes (2010). Finally, the former husband

Hernandez v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2011-03-11

Citation: 58 So. 3d 313, 2011 Fla. App. LEXIS 3268, 2011 WL 830550

Snippet: payments on the marital home, pursuant to section 61.077, Florida Statutes (2007). We reverse that part

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 28 So. 3d 240, 2010 Fla. App. LEXIS 2541, 2010 WL 711707

Snippet: the defendant." Citing Roviaro, 353 U.S. at 60-61, 77 S.Ct. 623, this court explained as follows: Disclosure

State v. Rivas

Court: District Court of Appeal of Florida | Date Filed: 2010-01-06

Citation: 25 So. 3d 647, 2010 Fla. App. LEXIS 21, 2010 WL 22698

Snippet: the defendant." Citing Roviaro, 353 U.S. at 60-61, 77 S.Ct. 623 this court explained as follows: Disclosure

State v. Labron

Court: District Court of Appeal of Florida | Date Filed: 2009-12-23

Citation: 24 So. 3d 715, 2009 Fla. App. LEXIS 20012, 2009 WL 4928299

Snippet: the defendant." Citing Roviaro, 353 U.S. at 60-61, 77 S.Ct. 623, this court explained as follows: Disclosure

Green v. Green

Court: District Court of Appeal of Florida | Date Filed: 2009-08-26

Citation: 16 So. 3d 298, 2009 Fla. App. LEXIS 13117, 2009 WL 2602350

Snippet: existed long prior to the enactment of section 61.077, Florida Statutes (1997), and Appellee/Cross-Appellant's

Parks v. Parks

Court: District Court of Appeal of Florida | Date Filed: 2009-01-14

Citation: 18 So. 3d 1072, 2009 Fla. App. LEXIS 186, 2009 WL 80230

Snippet: 1997) (citing Knecht, 629 So.2d 883). See also § 61.077, Fla. Stat. (2002). We cannot say that the trial

Sweet v. Sweet

Court: District Court of Appeal of Florida | Date Filed: 2008-10-08

Citation: 993 So. 2d 91, 2008 WL 4482581

Snippet: apply when the house is ultimately sold. See § 61.077 (providing factors to determine credits and setoffs