Nereida Diaz v. Luis Diaz (2011)

MEMORANDUM OF DECISION RE DISSOLUTION OF MARRIAGE

The plaintiff, whose maiden name was Nieves, and the defendant were married on March 30, 1963 in Puerto Rico. All jurisdictional requirements have been met.   Four children have been born to the wife, issue of the marriage.   Two of those children are deceased and the youngest of the living children is 39 years of age.   No other children have been born to the wife since the date of the marriage.   The marriage of the parties has irretrievably broken down.   The breakdown is not the fault of either party.

The plaintiff and the defendant came to the United States in 1974.   They originally resided in Massachusetts.   They sold their house in Massachusetts and moved to Meriden, Connecticut in 2001, where they bought a two-family house located at 55–57 Windsor Avenue.   The parties lived in the top floor and rented out the bottom floor.   In 2010 the plaintiff moved out of the house and she presently lives in an apartment in Middletown, Connecticut.

The defendant still lives in the family home in Meriden.   That property is being foreclosed.   The defendant has indicated in his financial statement that the family home has a fair market value of $175,000 and a loan balance of $182,000.   He is attempting to modify the mortgage to avoid foreclosure.   The defendant is presently receiving $900 per month from the tenants in the first floor apartment.   Due to the pending foreclosure, it is uncertain how long the defendant will continue to receive that rental income.

The parties are both retired and their only source of income (other than the rental income) is from Social Security.   The plaintiff presently receives $551 per month, and the defendant receives $876 per month from Social Security, $325 per month more than the plaintiff.   An award of alimony to the plaintiff in the amount of $150 per month would approximately equalize the monthly incomes of the parties.

The court has considered all of the credible evidence, and all of the statutory criteria contained in Connecticut General Statutes Sections 46b–81, 46b–82, and 46b–84.

The following orders are entered:

1. The marriage of the parties is dissolved.

2. Alimony. Defendant shall pay alimony to the plaintiff in the amount of $150 per month.   Alimony shall terminate upon the earlier of the death of either party or the Wife's remarriage.

3. Property Settlement.   The plaintiff shall quitclaim all her right, title and interest in the real property known as 55–57 Windsor Avenue, Meriden, Connecticut, to the defendant.   The defendant shall hold the plaintiff harmless from all expenses associated with the property including the mortgage, home equity loan, taxes, insurance and maintenance.   The defendant shall use good faith efforts to refinance the existing mortgage or otherwise remove the plaintiff as an obligor on the existing mortgage within six months from the date of this judgment.

4. Motor Vehicles.   The defendant shall retain the 2006 Chevrolet Trailblazer, free from any claim by the plaintiff and shall indemnify and hold the plaintiff harmless from all expenses associated therewith including any outstanding loan.

5. Financial Accounts.   The parties shall each retain any bank accounts each may have in his or her own name as shown on their respective financial affidavits free from any claim by the other.

6. Credit Card and Other Debts.   Each party shall be responsible for his or her own debts as listed on their respective financial affidavits.   Debts willfully hidden or not listed on the parties' respective financial affidavits shall be considered separate debts of the party so concealing or not listing said debts.

7. Life Insurance.   Each party shall retain the life insurance each has a shown on his or her respective financial affidavits.

8. Income Tax. The parties have filed joint income tax returns for the preceding years.   In the event of any claim for taxes, interest penalties, fines, deficiencies, losses, expenses, or other claims arising out of any joint income tax return heretofore filed by the parties, the defendant shall bear the cost and expense thereof, and pay such obligation and shall indemnify and hold the plaintiff harmless from any and all liability therefor.

By the Court,

Aurigemma, J.

Aurigemma, Julia L., J.