Anderson v. Anderson
CourtDistrict Court of Appeal of Florida
Date FiledNovember 4, 2026
Docket2D2025-1747
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MELYZA C. ANDERSON,
Appellant,
v.
LELAND A. ANDERSON,
Appellee.
No. 2D2025-1747
November 4, 2026
Appeal from the Circuit Court for Hillsborough County; Michael J. Hooi,
Judge.
Melyza C. Anderson, pro se.
K. Dean Kantaras of K. Dean Kantaras, P.A., Palm Harbor, for Appellee.
KELLY, Judge.
Melyza C. Anderson (former wife) appeals from the final judgment
dissolving her two-year marriage to Leland A. Anderson (former
husband). With one exception, we find no merit in the various
arguments the former wife raises in this appeal. We agree with the
former wife that the trial court erred when it awarded credit to the former
husband for nonmarital funds he used to make a downpayment on the
construction of the marital home. Otherwise, we affirm the final
judgment.
The former husband owned a home in Georgia at the time he met
the former wife. After the parties married, they decided to move to
Florida. The former husband sold his home in Georgia and placed the
proceeds from the sale in a joint bank account that the parties used for
general expenses. The former husband also contributed a lump sum to
the joint account that he had earned from his employment. Thereafter,
the parties used funds from the joint account to make a downpayment
toward the construction of a house in Tampa.
Shortly after the house was finished, the former wife filed for
divorce. The former husband moved out but continued to make the
monthly mortgage payments and to pay all the other expenses related to
the home during the two years leading up to trial. Although the house
was titled jointly, the former wife paid nothing toward the mortgage or
the maintenance of the house.
At trial, the former husband requested credit in equitable
distribution for the nonmarital funds he contributed toward the
downpayment on the house. He also requested credit for the two years
he alone had paid house-related expenses. The former wife argued that
the former husband's contributions of nonmarital funds were gifts
because they were deposited in a joint account, commingled with marital
funds, and spent on marital property. She also argued that the former
husband should not be given credit for paying the house's expenses but
instead, the payments should be considered her temporary support. The
trial court awarded the former husband the credits he requested. The
former wife argues this was error.
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"We review a trial court's characterization of an asset as marital or
nonmarital de novo and any factual findings necessary to make this legal
conclusion for competent, substantial evidence." Dravis v. Dravis, 170
So. 3d 849, 852 (Fla. 2d DCA 2015). Nonmarital assets include "[a]ssets
acquired separately by either party." § 61.075(6)(b)2, Fla. Stat. (2022).
However, "[n]onmarital assets may lose their nonmarital character and
become marital assets where, as here, they have been commingled with
marital assets." Dravis, 170 So. 3d at 852 (citing Abdnour v. Abdnour, 19
So. 3d 357, 364 (Fla. 2d DCA 2009)). "This is especially true with respect
to money because '[m]oney is fungible, and once commingled it loses its
separate character.' " Id. (alteration in original) (quoting Pfrengle v.
Pfrengle, 976 So. 2d 1134, 1136 (Fla. 2d DCA 2008)); see also Steiner v.
Steiner, 746 So. 2d 1149, 1151 (Fla. 2d DCA 1999) ("Once the funds were
commingled and used for joint expenses, they lost their separate
character and became untraceable.").
When a spouse deposits money into a joint account, a rebuttable
presumption arises that the depositing spouse made a gift of an
undivided one-half interest in the funds to the other spouse. Williams v.
Williams, 686 So. 2d 805, 808 (Fla. 4th DCA 1997). The burden then
falls on the spouse asserting nonmarital status to overcome this
presumption by clear and convincing evidence. See § 61.075(6)(a)4;
Sorgen v. Sorgen, 162 So. 3d 45, 47 (Fla. 4th DCA 2014) ("A party may
show intent to keep an asset nonmarital if 'the non-marital property is
placed into a separate account, no other funds are deposited into it, and
the account is never intermingled with the parties' other funds.' "
(quoting Lakin v. Lakin, 901 So. 2d 186, 190 (Fla. 4th DCA 2005))). The
former husband did not show by clear and convincing evidence that a gift
was not intended. Rather, the evidence shows just the opposite—the
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former husband placed his separate funds in a joint account and used
the funds from the joint account to make the downpayment on the
marital home, which was titled in both parties' names. Therefore, the
money used for the downpayment was marital property, and the trial
court erred when it treated the money as nonmarital.
On the other hand, we find no error in the trial court's decision
that the former husband was entitled to credit for the bills he paid for
two years after the petition was filed when he was not living in the house.
It was undisputed that the former wife lived in the marital home but
contributed nothing to its expenses. "Reimbursement or credit for a
party's payment of marital property-related expenses during separation
is a matter of judicial discretion in light of all relevant circumstances."
Matthews v. Matthews, 264 So. 3d 355, 356 (Fla. 2d DCA 2019) (quoting
Parks v. Parks, 18 So. 3d 1072, 1073 (Fla. 2d DCA 2009)). The trial
court found that the former wife had a sufficient income to contribute to
the upkeep of the home and did not prove a need for temporary support.
This finding was supported by the record.
Accordingly, we reverse the portion of the final judgment that
awards credit to the former husband for the downpayment on the house
and remand for recalculation of equitable distribution. We affirm the
final judgment in all other respects.
Affirmed in part, reversed in part, and remanded.
BLACK and GUARD, JJ., Concur.
Opinion subject to revision prior to official publication.
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