Stefanie McAllister v. Bernard McAllister (2011)

MEMORANDUM OF DECISION

A review of the record reveals that the parties were married on May 29, 2009.   They separated upon the arrest of the defendant on multiple burglary charges in November 2010 and the wife instituted these proceedings in March 2011 while the defendant was incarcerated pending trial on his criminal charges.

A hearing was held before the undersigned on July 28, 2011.   Both parties attended and the plaintiff was represented by counsel.

The court finds proven by a fair preponderance of the evidence the following facts:

1. The parties were married on May 29, 2009.

2. The parties separated in November 2010 when the husband was taken into custody for multiple burglary charges which are presently pending.

3. During the brief childless marriage, the wife worked as a licensed practical nurse on the naval submarine base.   She is the mother of one child, approximately 14 years old.

4. The defendant is a professional poker player.   He freely admits that during the course of the marriage, he had multiple sexual affairs, abused drugs and was, in his own words “a real bastard.”

5. The defendant contributed to the family generously with his poker winnings and handyman skills;  he finished the basement, painted most of the house, refinished the floors and performed plumbing and electrical work.

6. The wife testified credibly that her home in Lisbon, Connecticut is solely in her name and was hers long before the marriage.   Her testimony was uncontroverted that it presently has a value of $135,000 with a mortgage of $168,000 and that it has probably lost value during the course of the marriage, notwithstanding the improvements, due to the downturn in the real estate market.

7. The wife asked for nothing from the husband but for a dissolution and the restoration of her maiden name.

8. The husband asked for a return of his personal property and for an equitable distribution of the property which he had purchased for the home and family.

9. The husband demanded the personal property contained on Exhibit 1. Of those items, the wife claimed that the Rolex watch, Movado watch, gold necklace with cross, gold bracelet, cash and digital camera are not located in the residence.   The husband has been unable to prove, by a fair preponderance of the evidence, that those items presently exist in the home.

10. The wife testified that the Honda motorcycle had been sold by her to pay bills and the Maxima automobile had been impounded by the police.

11. The parties agreed that the wife could retain the entertainment center in the living room and the 36–inch Dell TV and that the remainder of the items on Exhibit 1 which were neither missing nor previously disposed of would be the property of the husband.

12. The husband requested fair compensation for the refrigerator, clothes dryer, queen bed with comforter and pillows, brown rug and 50–inch TV and home improvements.

13. The court finds that the cause of the breakdown is primarily the husband's due to his drug abuse, his habit of staying out all night, his felony arrest and his numerous extramarital affairs.

ORDERS

1. Dissolution may enter.

2. The wife's birth name is ordered restored to Rivera.

3. The wife shall make a diligent search for all of the items on Exhibit 1 which she claims to be missing including the husband's books, passports, birth certificate, receipts and gambling receipts.

4. The wife shall make available to the husband or his agents all of the items contained in Exhibit 1, except for the motorcycle, entertainment center, 36–inch Dell TV and any of the items which she claims to be missing from the home, which she can find.   The husband is also entitled to one kayak of the wife's choosing.

5. The husband shall collect, personally or through his agent, all of said items within 45 days.   If he neglects or fails to collect those items, they will be deemed the property of the wife to do with as she feels free.

6. The husband shall be entitled to the Maxima motor vehicle and the wife shall sign whatever papers are necessary to effectuate its transfer or surrender to the husband.

7. All other property in the possession of the wife shall remain solely hers.

8. The husband shall be solely responsible for any tax deficiencies or payments which he may owe as a result of his failure to file tax returns during the course of the marriage.   To the extent that the wife is held responsible, husband shall indemnify her and hold her harmless from any such liability.

Shluger, J.

Shluger, Kenneth L., J.