§

JUNK v. JUNK

65 So. 2d 728 (Fla. 1953)
JUNK v. JUNK

4 Citing cases

  1. Kaylor v. Kaylor

    500 So. 2d 530 (Fla. 1987)   Cited 3 times

    The ownership of property in an estate by the entirety is entirely unitary while the marital state of the parties continues. Junk v. Junk, 65 So.2d 728 (Fla. 1953); Ashwood v. Patterson, 49 So.2d 848 (Fla. 1951); Andrews v. Andrews, 155 Fla. 654, 21 So.2d 205 (1945); Markland v. Markland, 155 Fla. 629, 21 So.2d 145 (1945); Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727 (1941). The court may determine the interests of the parties in such jointly owned property, but cannot effect a change in the title until the marriage is dissolved.

  2. Davis v. Dieujuste

    496 So. 2d 806 (Fla. 1986)   Cited 44 times   1 Legal Analyses
    Holding that "a final judgment of dissolution settles all such matters as between the spouses evolving during the marriage, whether or not these matters were introduced in the dissolution proceeding, and acts as a bar to any action thereafter to determine such rights and obligations"

    The unity of person as recognized in an estate by the entirety springs from the relationship of husband and wife. Junk v. Junk, 65 So.2d 728 (Fla. 1953). A spouse's interest in property held as an estate by the entireties is not severable from that of the other spouse.

  3. Connolly v. Connolly

    448 So. 2d 641 (Fla. Dist. Ct. App. 1984)   Cited 6 times
    Holding that "it was . . . fundamental error . . . for the court to grant an indefinite [temporary] injunction . . . which . . . was not ancillary to a[n] . . . independent action"

    So, while the marriage continues, as here, an interference with the estate or alteration is unfounded and the parties should be allowed to continue equally with their rights of ownership under such tenancy. Clawson v. Clawson, 54 So.2d 161 (Fla. 1951); Zook v. Zook, 63 So.2d 642 (Fla. 1953); Junk v. Junk, 65 So.2d 728 (Fla. 1953); Field v. Field, 68 So.2d 376 (Fla. 1953); and Naurison v. Naurison, 108 So.2d 510 (Fla. 3d DCA 1959). We reverse the orders appealed and remand with instructions to dismiss the cause.

  4. Mosley v. Mosley

    153 So. 2d 328 (Fla. Dist. Ct. App. 1963)   Cited 3 times

    Zook v. Zook, (Fla. 1953) 63 So.2d 642. Junk v. Junk, (Fla. 1953) 65 So.2d 728. Field v. Field, (Fla. 1953) 68 So.2d 376.