Florida Statute 61.077 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

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Amendments to 61.077

Annotations, Discussions, Cases:

Cases Citing Statute 61.077

Total Results: 19

Silverman v. Silverman

940 So. 2d 615, 2006 WL 3103153

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 433998

Cited 7 times | Published

parties nor the trial court's judgment references section 61.077, which provides as follows: A party is not

Udell v. Udell

950 So. 2d 528, 2007 WL 750460

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1752075

Cited 4 times | Published

determined by the statutory factors set forth F.S. 61.077 for the wife's exclusive use of the marital home

Holitzner v. Holitzner

920 So. 2d 827, 2006 WL 399168

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 284620

Cited 4 times | Published

during the period of exclusive possession. Section 61.077, Florida Statutes, provides, in relevant part

McCarthy v. McCarthy

922 So. 2d 223, 2005 WL 3300946

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1282480

Cited 4 times | Published

share of the property expenses. Furthermore, Section 61.077, Florida Statutes, which establishes the criteria

Todd v. Todd

734 So. 2d 537, 1999 WL 333133

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 1730952

Cited 4 times | Published

Appellee responds that the statutory clarity of section 61.077, Florida Statutes (1997), obviates any duty

Green v. Green

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

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1641187

Cited 2 times | Published

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

Parks v. Parks

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

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 396809

Cited 2 times | Published

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

Cardella-Navarro v. Navarro

992 So. 2d 856, 2008 WL 4414219

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 111899

Cited 2 times | Published

Corporation because it is inconsistent with section 61.077, Florida Statutes (2008). We further hold that

Wolf v. Wolf

979 So. 2d 1123, 2008 WL 976845

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1714604

Cited 2 times | Published

court's ruling would take precedence. Further, section 61.077, Florida Statutes (2003), states that a party

Salazar v. Giraldo

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

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063751

Cited 1 times | Published

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

Merana Toussaint v. Jonel Toussaint

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 69101633

Published

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

MICHELLE R. RHOULHAC v. KINS FRANCOIS

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089280

Published

Stat. (2009) (emphasis added). Further, section 61.077 provides: A party is not entitled to

Caine v. Caine

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

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 60245005

Published

reflect that it considered (i) the factors in section 61.077, Florida Statutes (2010) when it denied the

Gonzalez Del Real v. Del Real

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

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241119

Published

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

Swergold v. Swergold

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

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2413895

Published

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

Tuomey v. Tuomey

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

District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2356263

Published

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

Hernandez v. Hernandez

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

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 952491

Published

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

Sweet v. Sweet

993 So. 2d 91, 2008 WL 4482581

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 64856235

Published

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

Garcia v. Hernandez

947 So. 2d 657, 2007 Fla. App. LEXIS 761, 2007 WL 172135

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 64848728

Published

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