Wife’s Attorneys Fees Ordered Paid from Homestead Proceeds

In the recent case of Snell v. Snell, 32 Fla. L. Weekly D455 (3rd DCA 2007), the Court of Appeals reversed the lower Court which had denied the payment of the wife’s attorney’s fees from the proceeds of the sale of the former marital homestead residence. The Court of Appeal held that the wife’s attorney’s fee should be paid from such proceeds on various grounds.

First, the final judgment of dissolution of marriage expressly provided for the payment of the wife’s attorney fees and costs from the assets distributed, including the proceeds of the sale of the marital home.

Second, the Court cited Patridge v. Partidge, 912 So. 2d 649, 650 (Fla. 4th DCA 2005) for the proposition that because marital property was designated as homestead before the divorce does not bar imposition of a lien on marital property being distributed to one of the partners any more than the previous homestead character bars the distribution itself or partition, or sale.

Third, the Court held that the constitutional homestead exemption is not absolute. Homestead property may be subjected to equitable liens where fraud, reprehensible or egregious conduct is demonstrated as it was herein. See, Palm Beach Savings & Loan Ass’n v. Fishbein, 619 So. 2d 267, 270 (Fla. 1993), Gepfrich v. Gepfrich, 582 So. 2d 743 (Fla. 4th DCA 1991), and Robles v. Robles, 860 So. 2d 1014 (Fla. 3rd DCA 2003).

Jordan E. Bublick, Attorney at Law, Practice Limited to Bankruptcy Law, Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification), Member of the Florida Bar since 1983