Tracey Scheef v. Harry Scheef (2010)

MEMORANDUM OF DECISION

This action for dissolution of marriage and other relief was brought to this court on September 22, 2009.   This case was tried to the court on April 14, 2010.

The court listened to and observed the witnesses and reviewed the exhibits.   In addition, the court carefully considered the criteria set forth in the relevant Connecticut General Statutes in reaching the decisions reflected in the orders below.

The court finds the following facts.   The parties were married on June 9, 1997 in Las Vegas, Nevada.   One party has resided continuously in the state of Connecticut for at least twelve months prior to the commencement of this action.   The Court has jurisdiction.   No children were born issue of the marriage.

The marriage of the parties has broken down irretrievably.   Based upon the testimony, the court determines that the defendant was more responsible than the plaintiff in causing the breakdown of the marriage.

The parties signed a premarital agreement, dated June 2, 1997.  (Defendant's exhibit A.) Neither party is claiming that the premarital agreement is valid and should be enforced.   The defendant introduced the agreement to establish the value of the party's assets at the time of the marriage.   The court finds that the plaintiff had premarital assets of $81,580 and that the defendant had premarital assets of $5,750.   The current values of the plaintiff's assets are approximately $177,500,¹ which includes a one-half interest in the jointly owned property known as 32 Redding Place, Bridgeport, Connecticut.   The defendant's assets are currently worth approximately $34,300, including his one-half interest in the jointly owned home.   The home was purchased using a $30,000 down payment, paid by the plaintiff.   The parties have shared equally the payments on the mortgage and equity line of credit.   The equity line of credit was used to make substantial improvements on the house and to partially fund this litigation.

ORDERS

Based on the foregoing, the court orders the following:

1. The marriage of the parties is dissolved on the basis of irretrievable breakdown.

2. Neither party shall receive alimony from the other.

3. Each party shall be responsible for their own debts and hold the other harmless therefrom.

4. Each party shall pay their own attorney fees.

5. The marital home known as, 32 Redding Place, Bridgeport Connecticut shall remain in the parties' names jointly, as tenants in common.   The property shall be placed upon the market for sale forthwith.   If the parties cannot agree on a broker or a listing price the court shall decide.   The plaintiff shall have exclusive possession of the premises until the sale.   Both parties shall cooperate with the sale and marketing of the home.   The parties shall accept any offer within 3% of the asking price unless both parties decide to decline the offer.   Upon the sale of the property the first $15,000 shall be paid to the plaintiff.   The remaining net proceeds derived therefore shall be divided equally by the parties.   Net proceeds shall be defined as the sum remaining after payment of the mortgages, realtor's commission and attorney's closing fee and other usual and customary costs of closing.   Until the sale of the home, the parties shall share equally the mortgage payments, taxes and homeowners insurance.   The utilities shall be paid by the plaintiff.   All repair bills in excess of $500.00 shall be shared equally by the parties.   No repairs in excess of $500.00 shall be performed without the consent of the other, except in the event of an emergency, which consent shall not unreasonably be withheld.   The court shall retain jurisdiction of the sale of the house.

6. The plaintiff shall transfer to the defendant $20,000 from her IRA. Each party shall retain all right, title and interest to the bank accounts and brokerage accounts shown on their respective financial affidavits, free and clear from any claim by the other.

7. Each party shall retain their own automobiles.   The plaintiff shall be entitled to retain whatever personal property she chooses, located at the residence, with the exception of the defendant's personal items and tools.   The defendant shall retain any interest he may have in Cool to Go.

8. Each party shall be responsible for their own health insurance.

9. The plaintiff's prior name of Bardong is restored to her.

10. The defendant shall pay to the plaintiff, within seven days, $130 representing the cost to repair her eyeglasses

Pinkus, J.

FOOTNOTES

FN1. The house is valued at $150,000 by the plaintiff and $125,000 by the defendant.   The court finds the value of the house to be $130,000..  FN1. The house is valued at $150,000 by the plaintiff and $125,000 by the defendant.   The court finds the value of the house to be $130,000.

Pinkus, Barry C., J.