Kathi Guarino v. Mark Guarino (2010)

MEMORANDUM OF DECISION

A review of the record reveals that the parties were divorced, pursuant to a marital settlement agreement on February 1, 2006.   The defendant husband was awarded the marital residence but was ordered to pay to the wife the sum of $80,000 plus interest out of its sale.   There was a house fire and the husband had received the proceeds from the insurance company but has been unable or unwilling to complete the repairs necessary for the house to be listed and sold.

The parties returned to court on January 27, 2010 pursuant to the plaintiff wife's motion for contempt.   The parties agreed and the court ordered that the husband would complete all of the unnecessary repairs within three months, obtain a certificate of occupancy and list the home for sale.   The parties returned to court on April 26, 2010 and it was disclosed that although the defendant husband had listed the property, he had not completed the repairs and did not have a certificate of occupancy.

Once a judgment is entered, the court is without authority to make any further orders regarding property.  Bunche v. Bunche, 180 Conn. 285, 289 (1980).   The court may, however, make subsequent orders to effectuate its previous orders regarding property distribution.  Bee v. Bee, 79 Conn.App. 783, 797 (2003);  see also Legnos v. Legnos, 70 Conn.App. 349, 356, cert. denied, 261 Conn. 911 (2002).

The court has no choice but to conclude that the defendant husband is unable or unwilling to complete the repairs necessary to market the house at anything but a “fire sale” below fair market value.   The court is also cognizant of the legal premise that property distributions are not modifiable post-judgment.   Finally, the court has the inherent power to enter remedial orders to effectuate existing orders.

ORDER:

1. The defendant husband shall continue to retain legal title to the former marital residence.

2. The defendant husband shall tender to the plaintiff wife keys to the former marital residence and shall cooperate with her in her efforts to complete the renovations, listing and sale of said property.

3. The plaintiff wife shall use her best efforts to complete the repairs, listing and sale of the former marital residence.

4. Upon the sale of said premises, the parties shall place into an attorney's escrow account said proceeds pending mutual agreement or a further court order regarding their disposition.

Shluger, J.

Shluger, Kenneth L., J.