DEASY v. DEASY
So. 3d (Fla. 4th DCA 2024) 49 FLW D1023 (5/15/2024)
ALTHOUGH §61.075(6)(b)5. PROVIDES THAT ANY LIABILITY INCURRED BY FORGERY OR UNAUTHORIZED SIGNATURE OF ONE SPOUSE SIGNING THE NAME OF THE OTHER SPOUSE IS A NONMARITAL LIABILITY OF THE PARTY HAVING COMMITTED THE FORGERY OR AFFIXING THE SIGNATURE, THIS DOES NOT APPLY TO THE BACK TAXES OWED BY THE PARTIES EVEN THOUGH THE HUSBAND SIGNED THE WIFE’S NAME TO THE TAX RETURN BECAUSE THE TAX RETURN DID NOT CREATE THE LIABILITY, THE PARTIES’ FAILURE TO PAY THE INCOME TAX CREATED THE LIABILITY.
THE HUSBAND’S SALE OF THE MERCEDES SPRINTER VAN FOR $1000 SHOULD HAVE BEEN TREATED AS MARITAL WASTE WHERE THE EVIDENCE WAS THAT THE FAIR MARKET VALUE OF THE VAN WAS ABOUT $30,200 AND THE ONLY REASONABLE INTERPRETATION OF THE EVIDENCE IS THAT THE HUSBAND INTENTIONALLY SOLD THIS ASSET AT FAR BELOW MARKET VALUE TO BENEFIT A FRIEND’S ROOMMATE AT THE EXPENSE OF THE MARITAL ESTATE.