Laura J. Ferris v. Joseph D. Ferris (2010)

MEMORANDUM OF DECISION

The parties herein seek resolution of their inability to resolve issues relating to personal property.   The marriage was dissolved in June 2009.   The residual dispute with respect to disposition of personal property was referred to binding arbitration (Pg 8).   The parties have failed to mediate or arbitrate said issue and agreed that it be addressed by the court.   The resolution of the issue relating to personal property rests in the sound discretion of the court.  Ridgeway v. Ridgeway, 180 Conn. 533, 544.

Under § 46b-1 C.G.S., the court is empowered to assign to either party all or part of the estate of the other.  Martin v. Martin, 101 Conn.App. 106, 11, 112.

The parties opted to proceed pro se, thus the court carefully explained to them the procedure to be followed.

Each party would offer evidence as to the identity of a given item of personal property and its value.

The opposing party would then be accorded an opportunity to testify as to her (his) opinion as to value of said item.   In this fashion each party testified as to the identity of an item and its value the court thereafter determined the identity and value of each item of personal property.

Attached hereto is a list of various items of personal property and their value as found by the court.  (See Appendix.)

Neither party disputed the fact that various items listed in attached schedule were not personal property as to which a dispute existed.

The total value of the personal property is found to be $71,329.00.

All of the items are awarded to the defendant and he will pay to the plaintiff the sum of $35,664.50 representing 50% (fifty percent) of her marital interest in the value of the personal property.   Said payment is to be made within 60 days of this order.

Movement of any items shall be accomplished within 60 days of this order at the defendant's expense.

If any item has a peculiar or sentimental value to the plaintiff, the court encourages the husband to transfer same to her with an appropriate adjustment in the gross amount of money the defendant is to pay the plaintiff.

FLANAGAN, J.T.R.

APPENDIX

ITEMS IDENTIFIED BY THE PLAINTIFF VALUE

1. COMPUTER 500.00

2. PAINTING 300.00

3. HUTCH 900.00

4. PATIO SET 200.00

5. CHINA (3 sets) 2,500.00

6. KITCHEN CHANDELIER 600.00

7. CABINET (SPOON) 600.00

8. MARBLE TOP PLANTER 60.00

9. MEXICAN CABINET 800.00

10. TWO SOFA TABLES 200.00

11. WOODEN BENCH 250.00

12. DESK AND CHAIR 750.00

13. DISNEY COLLECTION (FIGURES) 150.00

14. PRINTER STAND AND PRINTER 250.00

15. DVD AND RECORDER 200.00

16. MIRROR 50.00

17. POTS AND PANS 20.00

18. MIXER 300.00

19. WEDDING ALBUM 300.00

20. CHINA 150.00

21. 47-YEAR-OLD CHINA 500.00

22. MAHOGANY TABLE 100.00

23. RUG 200.00

24. CAMERA 600.00

25. TOY (HOCKEY) 1,000.00

26. TOY (PINBALL MACHINE) 350.00

27. JUKE-BOX (SONY) 150.00

28. PAINTING 1,200.00

29. SMALL REFRIGERATOR 75.00

30. THREE CURIA CABINETS 300.00

ITEMS IDENTIFIED BY DEFENDANT VALUE

1. MASTER BEDROOM SET 950.00

2. TWO JEWELRY STORAGE CABINETS 300.00

3. SONY T.V. 300.00

4. 30” SANYO T.V. SET 450.00

5. JEWELERY (Appraised)

See appraisal, Ex. G 21,839.00

6. CHAISE LOUNGE 425.00

7. ROCKING CHAIR 250.00

8. PICTURE FRAME 400.00

9. FOUR HALLWAY RUNNER RUGS 500.00

10. WASHER AND DRYER 650.00

11. DINING ROOM SET 7,250.00

12. WHITE TABLE AND CHAIR 525.00

13. KITCHEN TABLE AND CHAIRS 1,850.00

14. RUG UNDER KITCHEN TABLE 75.00

15. WICKER BASKET 225.00

16. PLASTIC STORAGE SYSTEMS 100.00

17. BOSE RADIO 300.00

18. COMBINATION BOSE RADIO 400.00

19. KITCHEN CHINA SET 9,000.00

20. CHAIR AND FOOT REST 400.00

21. MICROWAVE 125.00

22. LIVING ROOM SET 2,250.00

23. VARIOUS RUGS 1,100.00

24. DINING ROOM CHANDELIER 750.00

25. LIVING ROOM CHANDELIER 225.00

26. SILVERWARE 2,000.00

27. BATHROOM CHAIR 75.00

28. X-MAS ORNAMENT 600.00

29. WHITE PATIO SET 400.00

30. TWO WOODEN ROCKING CHAIRS 450.00

31. CLOTHES DRESSER AND BOOKSHELF

(SON'S ROOM) 350.00

32. 3RD BOSE COMPUTER 485.00

33. TUPPERWARE 500.00

34. PICTURE AND FRAMES 425.00

35. 3 CORNER CURIO 300.00

36. COCKTAIL GLASSES 450.00

37. BASKETS 300.00

38. VASES 700.00

39. ARTIFICIAL FLOWERS WITH STAND 300.00

Flanagan, John C., J.T.R.