BARROW V. BARROW
527 So.2d 1373 (1988)
NATURE OF THE CASE: This was a dispute over a claim for rental value from a former spouse
in possession.
FACTS: James owned title to and built a residence on 4.5 acres of land prior to his
marriage to Donna. The property was used as their residence for 10 years. In a dissolution
proceeding the final judgment awarded an undivided 1/2 interest in the property as alimony
for Donna. The final judgment made no provision for possession by either party and made no
direction regarding the sale or disposition of the property. Donna moved away after
separating and several years later initiated a complaint against James seeking partition of
the former marital home. James counterclaimed for 1/2 the amounts expended by him for taxes,
insurance, and other services necessary to maintain and improve the property. Donna then
sought 1/2 the fair rental value. The court gave Donna, $8,254.54 for the 1/2 fair rental
value. James was given 1/2 the property taxes and insurance premiums ($2,591.00)
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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