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Document summary:
The husband challenged the distribution of the marital assets. He claimed that because he purchased the marital home with his premarital assets the lower court should have given him a special equity in the home. Section 61.075(5)(a)(5), Florida Statutes (1997), creates a presumption that any real property held as a tenancy by the entireties regardless if acquired prior to the marriage is a marital asset. However, if one spouse shows that non-marital contributions to a marital asset were not intended as a gift, then that spouse may be awarded a special equity in the asset. See Landay v. Landay, 429 So. 2d 1197 (Fla. 1983). Id. at 449.
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