Marriage of Cheney v. Cheney
Marriage of Cheney v. Cheney
Opinion of the Court
This is an appeal from a judgment in a marriage dissolution case. The principal point on appeal involves a claimed special equity in real property.
It was clearly established by the evidence that the husband conveyed by deed
Husband claims the principles enunciated , in Ball v. Ball, 335 So.2d 5 (Fla. 1976) apply here and since he got the property by inheritance he should be deemed the equitable owner of the property even though the legal title is in her name. He says she must prove a gift to her was intended since he in essence provided all the consideration (by inheritance) for the property when it was acquired. Good argument, but it misses the point. This was not a gift situation at all. It was a transfer for consideration. The conveyance was made to facilitate the obtaining of the mortgage loan. There was consideration for the transaction: the wife incurred a debt, the bank obtained an interest in the property, the husband was relieved of some debt and the property was improved.
This is not a Ball special equity situation, it is a business deal.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.