The Florida Supreme Court agreed with a trial court's ruling in a case involving a divorcing couple who were in a dispute about two homes. The decision rested on what standard of evidence was necessary. The appeals court had used "a preponderance of evidence" as its standard while the trial court used "competent and substantial evidence". The high court ruled that the latter was the correct standard.
The couple married in 1987. They had a prenuptial agreement in which they agreed they would each keep the property they brought into the marriage if they were divorced. In 2010, the woman filed for divorce. Two properties that were used as residences came into dispute. The woman was not on the property title, but the trial court ruled that the properties should be considered joint marital assets because thy were used that way during the marriage. The man owned other properties that he did not use in the same way, and those properties were not in dispute.