Juana Castro v. Francisco Castro (2011)

MEMORANDUM OF DECISION

This action seeks the dissolution of the parties' thirty-four year marriage.   The action was commenced by a complaint dated April 29, 2010 which was returnable to the court on May 25, 2010.   The defendant filed an answer and counterclaim on June 8, 2010.

Both parties appeared at trial on September 19, 2011.   The plaintiff was self-represented and the defendant was represented by counsel.

As financial matters were in dispute in the contested dissolution trial, the court ordered the unsealing of the financial affidavits pursuant to Practice Book § 25–59A.

FINDINGS OF FACT

The parties were married in Rio Piedras, Puerto Rico on January 17, 1977.

The plaintiff was born on June 24, 1940.   She has an eighth grade education.   Prior to her marriage to the defendant she had two daughters from an earlier relationship.   When the parties met she was working two jobs, including one at a jewelry store in the airport, to support her family as the father of her daughters was not providing support for them.   She has high blood pressure, diabetes and a thyroid condition.   She receives health benefits through the state and/or federal government.

The defendant is a Vietnam war veteran.   He served three years and spent two of those years in Walter Reed hospital after having been shot down in a helicopter in 1969.   In 1974, he returned to Puerto Rico and began to date the plaintiff.   They married in 1977.

According to the defendant, the plaintiff left him in Puerto Rico in 1977 because she claimed he drank and was mean.

The plaintiff testified that she came to Connecticut in 1978.   She worked for about one year after coming to this state.   The defendant joined her at some unspecified time.   The defendant testified that during the marriage he raised her two daughters.

The parties separated nine years ago.   The defendant left the home.   The plaintiff claims he left because he was committing adultery.   The defendant claims that after he left the house the plaintiff had a relationship with another man and that he contributed to her household expenses.   The plaintiff denied all such claims.

After the separation and while the plaintiff lived in the marital home at 20 Gilbert Avenue, Bloomfield, the defendant provided the plaintiff with not less than an aggregate of $2,000 a month of spousal support by his continuing payment of the mortgage on the marital home and by payment of the difference in cash.   The plaintiff did not dispute such testimony.

The home at 20 Gilbert Avenue was purchased in or about 1990 for $32,000.   It was at one or more times during the marriage owned jointly by the parties.   The defendant testified the house was in foreclosure or had been foreclosed in early 2011, that the balance of, presumably, the mortgage at that time was $99,000 and that he “bought it back” and in doing so took out a mortgage having an original principal balance of $125,000.

The home was hit by lightning on or about June 17, 2011 and suffered damage.   An insurance claim is pending.   The plaintiff moved out of the home shortly after the lightning strike and currently lives in an apartment.

The defendant is, at this time, the sole owner of the home and the sole mortgagor.   He claims the home is currently worth approximately $110,000 or $120,000.   It is not clear if the home is claimed to be worth that amount after the repairs caused by the lightning strike or as is.   The plaintiff valued the home, on her financial affidavit, at $126,000.

The defendant wants to retain the home and continue to be solely responsible to pay the mortgage.   The plaintiff wants the home sold and to have the proceeds divided equally between them.

The court finds the home to have no equity or to have such minimal equity as would be absorbed by the costs of any sale.

The defendant was involved in an automobile accident a few years ago while driving a 1995+/- model year Toyota owned in whole or in part by the plaintiff.   The plaintiff testified that she is receiving correspondence indicating that she is being sued in connection therewith.

The plaintiff receives $556 a month from Social Security and $500 a month from the Veteran's Administration.

The defendant receives Social Security and veteran's benefits.   He did not break down the amount he receives from each.   His financial affidavit indicates a total month income from both sources at approximately $800 a week.

ADDITIONAL FINDINGS AND ORDERS

The court having heard the matter, has considered the testimony, exhibits and financial affidavits of the parties as well as all appropriate statutory and common law, including without limitation, the provisions of General Statutes §§ 46b–81 and 46b–82.

The court makes the additional findings and enters the following orders:

1. The court has jurisdiction in this matter which has been pending for more than ninety days.   The plaintiff lived in the State of Connecticut for more than one year prior to the institution of the action.

The marriage has broken down irretrievably.

The court finds the allegations of the complaint have been proven and are true.

The State of Connecticut has contributed to the support of the parties, but is not pursuing orders in this action.

2. The marriage of the parties is hereby dissolved, and they are each hereby declared to be single and unmarried.

3. The defendant shall assume and be responsible to satisfy any and all loss, damage, claims and expenses, including attorneys fees and costs, the plaintiff may suffer or incur in connection with the automobile accident involving the defendant and the Toyota owned in whole or in part by the plaintiff.   The defendant shall indemnify and hold the plaintiff harmless from all such loss, liability, damage, claims and expenses.

4. As the court has found there is no equity remaining in the home at 20 Gilbert Avenue, the defendant shall retain the home at 20 Gilbert Avenue and be solely responsible for all costs, expenses and liabilities in connection therewith, including without limitation, for the payments required on the mortgage, real estate taxes and insurance premiums as well as for the cost of all repairs and maintenance necessary or appropriate.   He shall be solely liable for any deficiency on the mortgage.   The defendant shall be authorized to negotiate and compromise any claim he may have with the homeowner's insurance carrier and shall retain any and all insurance proceeds awarded in connection with the damage caused by the lightning strike.   The defendant shall indemnify and hold the plaintiff harmless from all liability for all of such costs and expenses.

5. The plaintiff shall be entitled to receive a monthly payment from the defendant's veteran's benefits in the amount of $500 a month which amount is equal to what she is now receiving and the defendant shall execute any and all appropriate documents, including, if appropriate a domestic relations order or other appropriate document or order, to ensure the provisions of this order are satisfied.   There was no evidence introduced by either party with respect to such benefits—other than the testimony as to the amount each party receives—nor was there any evidence of the right or ability of the plaintiff to continue to receive such upon the dissolution of the marriage of the parties.   It is the intention of the court that the plaintiff continue to receive the $500 monthly payment for the period that she would have realized such benefit had the dissolution of the marriage not been effectuated.   The defendant shall be responsible for preparation of any documents necessary to effectuate this order and shall bear the costs associated with effectuating the same.

The court shall maintain continuing jurisdiction over this order.

6. The court finds it is appropriate that the defendant pay to the plaintiff alimony in the amount of $1.00 a year modifiable in the event (i) the plaintiff suffers any loss, damage, cost or expense due to the accident involving defendant and the plaintiff's Toyota;  (ii) the defendant fails to indemnify and hold the plaintiff harmless from any liability, cost or expense in connection with the home at 20 Gilbert Avenue;  and/or (iii) the defendant fails or is unable to secure for the plaintiff the $500 a month benefit from the Veteran's administration.

Except for the foregoing, the court has determined that it is appropriate that no other alimony be awarded to either party.

7 The plaintiff and the defendant shall each obtain and maintain their own medical insurance.

8. Each party shall be entitled to keep the automobile which they are currently driving, whether owned or leased, free and clear of any claims by the other, and each party shall cooperate with the other regarding the execution of any documentation necessary to transfer and/or register same.   Specifically, the plaintiff shall keep the 1995 Nissan Maxima.   Each party shall be solely liable for any loan secured by the automobile retained by them and shall indemnify and hold the other harmless from any and all liability.

9. The parties shall retain any bank account they may hold free and clear of any claim by the other party.

10. Each party shall be entitled to his/her personal property free and clear of any claim by the other party.

11. Subject to the terms of this order and except as otherwise set forth herein, each of the parties shall keep the assets listed on his/her respective financial affidavit and be responsible for the debts listed on the same.   Each party shall indemnify and hold the other harmless with respect to any debt, or portion thereof, ordered to be paid by such party.

12. Each of the parties will indemnify and hold the other harmless with respect to any deficiency found by reason of that party's income or deductions.

13. Each party shall be responsible for their respective attorneys fees, if any, and costs incurred in connection with this action.

14. Each party is ordered to sign whatever documents are necessary and, as presented to them by the other party, to effectuate these orders within ten days of presentment.

Unless otherwise specifically set forth herein, these orders are effective immediately.

SO ORDERED.

BY THE COURT,

Olear, J.

Olear, Leslie I., J.