Joan T. Navarro v. Arthur Navarro (2010)

MEMORANDUM OF DECISION

This matter was tried before the Middlesex Judicial District on June 30, 2010 and July 1, 2010.   The Plaintiff had withdrawn the action but the Defendant continued it on his cross-complaint.   The Plaintiff (by way of a videotaped deposition), Defendant, Katherine Beecher, the parties' daughter and the Plaintiff's attorney-in-fact, and others testified and numerous exhibits were introduced.   The court has considered all of the credible evidence presented to it and carefully considered the relevant criteria for the orders.

The court makes the following findings of facts and orders:  The parties were married in Albuquerque, New Mexico on August 15, 1964.   The parties have three adult children.   One of the parties has resided in the State of Connecticut for more than one year prior to bringing this action.   The court has jurisdiction.   The marriage of the parties has broken down irretrievably and is hereby dissolved.

The parties are not receiving state assistance.

The Wife is sixty-six years old and in poor health.   She had been diagnosed as suffering from a severe case of Miller-Fischer Syndrome, which is a form of Gulliam-Barre Syndrome.   The Plaintiff believes that her illness is the result of a reaction to a seasonal flu vaccine which she received on October 31, 2008.   In any event, the fact is that she subsequently became ill and on January 4, 2009, she entered the hospital and has had serious complications, including a stroke, which among other things have left her limbs partially paralyzed.   She has been in a series of hospitals and nursing homes and is in one at the present time.   However, she wishes to return to the marital residence in Clinton, Connecticut.

The Defendant subpoenaed the Plaintiff's medical records from Gladeview, where she is currently residing.   The Plaintiff objected saying they were not relevant.   The Defendant countered that the records might contain information relating to the future medical condition of the Plaintiff.   The Court stated that it might read the records and if it determined that there was information relevant to the future medical condition of the Plaintiff that information would become part of the record.   Having read the medical records which were subpoenaed by the Defendant, the Court has determined that it is not relevant.

The Plaintiff has worked throughout the marriage.   Early in the marriage she worked as a nurse.   Later, she earned a masters degree in nursing and taught nursing at the Southern Connecticut State University.   She retired and receives a pension from the State of Connecticut.   In addition to her pension, she receives social security and some investment income.   Her gross weekly income is $1,445 and her net weekly income is $958.   Unfortunately her financial situation is greatly adversely affected by her costs associated with her medical condition.

The Defendant is sixty-seven years of age and complains of medical conditions commonly associated with individuals his age.   He is a high school graduate who spent some time in the Air Force.

The Defendant had a series of jobs and businesses throughout his life.   He has spent much time gambling.   The Defendant's last two filed federal income tax returns showed the Defendant stating his income to be $474 for the year 2007.   At the same time, he claimed his gambling winnings were $77,500 while his gambling losses were also $77,500.   The following year, he stated his income was $355, while, once again, the Defendant had gambling winnings of $107,000 and gambling losses of the exact same amount.  (Exhibit 6.) In a letter dated February 15, 2009, the Mohegan Sun Resort Casino informed the Defendant that based upon the records of his Mohegan Sun Player's Club card, from the period of January 2004 to January 2009 (a five-year period), while using that card, the Defendant had a net gambling loss of $257,633 (Exhibit E).

The Defendant receives social security and states in his financial affidavit that he has a weekly gross income to be $297 and his net weekly income to be $284.

The parties purchased their marital residence located at 80 Grove Street in Clinton, Connecticut, in 1970.   Over the years they added on to the house.   It is worth $400,000 (Exhibits 1 and 2).   The parties also purchased a commercial property located at 25 East Main Street, Clinton, Connecticut, which is worth $220,000 (Exhibits 3 and 4).   And, finally, the parties purchased a fishing and hunting property in Altmar, New York, which is worth $66,000.

The Defendant claims that all the real property is worth twice their appraised values.   While the real property were all originally titled in the names of both the spouses, they are now titled in the name of the Plaintiff only.

There are antiques and various rifles which make up part of the personal property to be divided.

This is a long-term marriage and alimony might be appropriate, however, in lieu of either party receiving alimony, the Court has divided the parties' property.

FAULT:

The court finds that the breakdown of the marriage should be attributed to a greater extent to the Husband.

ORDERS:

The court has considered all the evidence presented by the parties and the relevant statutory criteria and enters the following orders:

1. DISSOLUTION OF MARRIAGE

The marriage of the parties is dissolved on the ground of irretrievable breakdown.

2. ALIMONY

a. No alimony is awarded to either party.

3. PROPERTY DIVISION

a. The parties shall retain ownership of the cars listed on their respective financial affidavits free and clear of any claim by the other.   Each party shall be responsible for all costs, expenses, loans, taxes and fees associated with the automobiles he or she keeps and shall sign whatever documents are necessary to effectuate any transfer necessitated by this order.

b. The wife shall retain all her right, title and interest in and to the marital residence located at 80 Grove Street, Clinton, Connecticut.

c. The wife shall transfer by quitclaim deed to the husband all her right, title and interest in and to 25 East Main Street, Clinton, Connecticut.

d. The real property located in New York State shall be immediately placed on the market for sale and the net proceeds from the sale shall be divided equally by the parties.

e. The wife shall retain ownership of her IRSs and other deferred compensation, including her State of Connecticut pension free and clear of any claim by the husband.   The husband shall sign any documents necessary to release any interest he may have in those retirement assets.

f. The wife shall retain ownership of all the personal property in the marital home free and clear of any claim by husband except the husband's rifles and baseball card collection, if any remains, which shall be retrieved by him within thirty days.   Any such retrieval shall be done so with the cooperation of and communication with Katherine Beecher.

g. The wife shall retain ownership of the jewelry and gold, including that which was taken out of her safe deposit boxes.

h. The wife shall retain ownership of the debt owed by her son, Gregg.

i. The wife shall retain ownership of any possible vaccine claim.

j. Except as otherwise provided herein, each party shall continue to own that property which is now in his or her name or possession free and clear of any claim by the other.

4. ATTORNEYS FEES

Each party shall pay his or her own counsel fees.

5. HEALTH INSURANCE/HEALTH CARE COSTS

Each party shall be responsible for the procurement and cost of their own health insurance.

6. DEBTS

Each party is responsible for their debts listed on their most recent respective financial affidavits filed with this court.

7. EXECUTION OF DOCUMENTS

Both parties shall immediately execute any and all documents necessary to implement these orders upon the reasonable request of the other party.

By the Court,

RICHARD E. BURKE, JUDGE

Burke, Richard E., J.