According to Florida case law as of the date of this article, joint use of income from non–marital property does not entirely transform the property itself into a marital asset where one spouse deposited the rental income checks into her own personal bank accounts, over which she exercised exclusive control:
“As Mr. Puskar has admitted, appellant deposited the rental income checks into her own personal bank accounts, over which she exercised exclusive control. We also know, of course, that even joint use, by husband and wife, of income from non–marital property, does not entirely transform the property itself into a marital asset. See Farrior v. Farrior, 712 So.2d 1154, 1156 (Fla. 2d DCA 1998) (observing that an asset may retain its separate identity even after the income derived from that asset is used to maintain or raise the marital standard of living), approved, 736 So.2d 1177 (Fla.1999).Here, the trial court largely relied upon the alleged disposition of the sale proceeds from Bear Run as justification for classifying the property as marital. The court concluded appellant commingled the proceeds with marital funds when she deposited those proceeds “into … accounts which also contained marital sums.” At best, the record strains to support this finding. Mrs. Puskar testified she deposited the proceeds of sale—approximately $130,000 after costs and taxes—into a “new” VyStar account at the recommendation of her attorney. Appellee offered no evidence to contradict this testimony and, when asked on direct examination whether his wife had “all of that $165,000,” appellee stated, “To the best of my knowledge.” We are, respectfully, unable to identify what the trial court focused upon for its findings that appellant deposited the proceeds of sale “into … accounts which also contained marital sums.” Competent, substantial evidence lacks in this regard.”
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