When a marriage ends, the legal status of the marital home often undergoes a silent but profound transformation. In Florida, property once held as “tenancy by the entireties” automatically converts into a “tenancy in common” upon divorce. This shift brings with it a new set of financial obligations that many former spouses overlook. The recent ruling in Lantz v. Gibson (2025) by the First District Court of Appeal of Florida provides a crucial lesson for anyone co-owning property post-divorce: unless your Marital Settlement Agreement (MSA) explicitly says otherwise, both parties are responsible for the home’s upkeep. Consulting a Tampa divorce lawyer is vital to ensure your MSA covers these “silent” expenses before they lead to years of litigation.
The case of Jeanine Rochelle Lantz and Shawn Jeremy Gibson highlights the risks of drafting an MSA without specific language regarding property maintenance. For seventeen years, one spouse carried the burden of the home’s expenses, only to be told initially that she couldn’t get her money back because the contract didn’t mention it. The appellate court’s reversal serves as a protective shield for paying co-tenants, and a Tampa divorce lawyer can help you apply these principles to your own property disputes.
The Facts of Lantz v. Gibson
In 2005, the parties purchased a home in Crestview. Two years later, they divorced. Instead of hiring attorneys to draft their Marital Settlement Agreement, they drafted it themselves. The agreement was simple: they would split any future sales gains 60% for the Wife and 40% for the Husband. It also specified that the Wife would be responsible for the monthly mortgage payments of $1,422.17 and could never ask the Husband to help pay that debt.
For the next seventeen years, the Wife lived in or rented out the home. She paid the mortgage, but she also paid for:
- Property taxes
- Homeowners insurance
- Necessary maintenance and repairs
The Husband contributed nothing toward these expenses during those seventeen years. When the parties finally contracted to sell the home in 2021, the Wife realized the Husband was set to walk away with 40% of the proceeds without having spent a dime on the home’s preservation. She filed a partition action, seeking a “credit” (reimbursement) from the Husband’s share of the sale for his portion of the taxes, insurance, and repairs.
The Trial Court’s Error: Silence Is Not a Waiver
The trial court initially denied the Wife’s request. The judge reasoned that because the MSA (the contract) didn’t mention taxes or insurance, the court shouldn’t “create terms” that the parties never agreed upon. In the eyes of the trial court, if it wasn’t in the MSA, it didn’t exist.
However, the appellate court clarified that real property law operates alongside contract law. Just because an agreement is silent on a specific issue doesn’t mean the default laws of the state disappear. As a Tampa divorce lawyer will tell you, when you become “tenants in common,” Florida law imposes a mutual obligation on both owners to maintain the property.
Tenancy in Common: The Default Rule
Under Florida Statute §689.15, the moment a final judgment of dissolution is entered, the marital home becomes a tenancy in common.
As tenants in common, both parties have a legal duty to contribute to the costs necessary to maintain their ownership. This includes:
- Taxes: Ensuring the government doesn’t place a lien on the property.
- Insurance: Protecting the asset from loss.
- Repairs: Preserving the value of the home.
The appellate court ruled that because the MSA only specifically relieved the Husband of the mortgage obligation, he was still legally responsible for his 40% share of the other expenses. A Tampa divorce lawyer uses this “default rule” to ensure that clients who have been paying all the bills are made whole when the property is finally sold.
The Right to a “Credit” Upon Partition
A partition action is a legal process used to force the sale of a property when co-owners cannot agree. In a partition, the court performs an “accounting.”
The ruling in Lantz v. Gibson reinforces that the paying tenant is entitled to a credit from the sale proceeds for the other co-tenant’s proportionate share of essential expenses. This right exists automatically unless there is a specific agreement to the contrary. In this case, the MSA was an “agreement to the contrary” regarding the mortgage, but it said nothing about taxes and insurance. Therefore, the Husband still owed his share for those items.
The Role of Rental Income
An interesting twist in the Lantz case was that the Wife had rented the property to third parties over the years. Under Florida law, if a co-tenant in possession receives rent from the property, they must generally account for that income to the other co-tenant.
However, this often acts as an offset. If the Wife spent $50,000 on taxes and repairs but collected $40,000 in rent, the Husband’s obligation to reimburse her might be reduced by his share of that rent. A Tampa divorce lawyer works with financial experts to balance these credits and offsets, ensuring that the final distribution of cash at the closing table is fair to both parties.
Why You Should Never Draft Your Own MSA
The seventeen years of litigation and the eventual appeal in the Lantz case could likely have been avoided if the parties had used a Tampa divorce lawyer in 2007. A professionally drafted MSA would have specified:
- Who pays the taxes and insurance.
- How repairs exceeding a certain dollar amount (e.g., $500) are handled.
- Whether the non-paying spouse receives a credit for the rental value or a portion of the actual rent collected.
- A specific date by which the home must be sold to prevent one party from being “stuck” for nearly two decades.
By leaving these terms “silent,” the parties in the Lantz case were forced to rely on the “default” rules of property law, which led to a dispute that reached the highest levels of the state’s appellate system.
Lessons for Co-Owners in Tampa
If you currently co-own a home with a former spouse as a tenant in common, the Lantz v. Gibson decision is your roadmap for financial protection:
- Keep Every Receipt: You cannot get a credit for repairs or maintenance if you cannot prove what you spent. Save invoices for new roofs, AC repairs, and even lawn maintenance if it’s required by an HOA.
- Taxes and Insurance are Essential: Florida courts view these as “essential expenditures.” Even if your ex-husband is “off the hook” for the mortgage, he is likely still responsible for his share of these costs.
- Understand “Ouster”: If you are living in the home and refusing to let your ex-spouse enter, they might claim you have “ousted” them. This could entitle them to a credit for half of the home’s rental value, which would offset your claims for reimbursement.
- MSA Overrides the Law: Remember that a clear, written agreement can modify these rules. If you want to be solely responsible for everything in exchange for a higher percentage of the sale, a Tampa divorce lawyer must write that into your judgment.
How a Tampa Divorce Lawyer Navigates Partition
When a Tampa divorce lawyer files a partition action for you, the process involves several steps to maximize your recovery:
- Title Search: Confirming exactly how the property is held and identifying any liens.
- The Accounting: Calculating every dollar spent on mortgage, interest, taxes, insurance, and repairs since the date of the divorce.
- Evaluating Credits vs. Offsets: Determining if the other party is entitled to any rental value offsets.
- Forcing the Sale: If the other party won’t cooperate with a private sale, your lawyer will ask the court to appoint a “Special Master” or the Clerk of Court to sell the property at a public auction.
The “Pro Proportionate Share” Principle
The court in Lantz made it clear: “just as any other tenant in common, Gibson is responsible for his portion of the Home’s expenses.” This means if the MSA says he gets 40% of the gains, he is generally responsible for 40% of the non-mortgage carrying costs. This “proportionate share” principle ensures that one party does not get a “free ride” while the other spouse preserves the asset’s value.
Frequently Asked Questions
What happens to our home the day we get divorced in Florida? By law, your “tenancy by the entireties” (marital ownership) automatically becomes a “tenancy in common.” Each spouse then owns an undivided half interest (unless the MSA specifies a different percentage, like the 60/40 split in the Lantz case).
If I pay the property taxes for 10 years, does my ex-spouse owe me? Yes. Under the Lantz v. Gibson ruling, unless your divorce agreement says otherwise, you are entitled to a credit for your ex-spouse’s proportionate share of those taxes when the home is eventually sold.
Does this rule apply to the mortgage, too? In the Lantz case, the Wife was solely responsible for the mortgage because she agreed to it in the MSA. If your MSA is silent on the mortgage, then both parties are typically responsible for their share of the principal and interest payments as well.
Can I be reimbursed for “improvements” like a new pool or a kitchen remodel? Improvements are treated differently than “repairs.” You are generally only reimbursed for the increase in value the improvement brought to the home, or the actual cost, whichever is less. A Tampa divorce lawyer can help you distinguish between a necessary repair and a voluntary improvement.
What is a partition action? It is a lawsuit used to force the sale of a property when co-owners cannot agree. The court will order the property sold and then divide the money based on ownership percentages and any credits for expenses paid.
If I rent out the marital home, do I have to share the money with my ex? Generally, yes. As tenants in common, each owner is entitled to their share of the income produced by the property. However, this is usually offset by the expenses you paid to keep the property rentable.
What if my ex-spouse won’t sign the papers to sell the house? A Tampa divorce lawyer can file a partition action. Once the judge signs a partition order, the house will be sold with or without your ex-spouse’s cooperation.
Why did the trial court lose in the Lantz v. Gibson appeal? The trial court wrongly assumed that because the MSA didn’t mention taxes and insurance, the Wife had waived her right to be reimbursed. The appellate court clarified that the default laws of tenancy in common still apply where an agreement is silent.
Conclusion
The case of Lantz v. Gibson serves as a vital reminder that silence in a legal document can be just as significant as the written word. If you are co-owning property with a former spouse, do not assume that you are solely responsible for the “carrying costs” just because you are the one living there or paying the bills. Florida law provides a clear path for reimbursement, ensuring that the financial burdens of property ownership are shared fairly. To protect your investment and avoid nearly two decades of uncertainty, consult a Tampa divorce lawyer to review your current agreement or represent you in a partition action.
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Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.