Matilde Cotillo v. Caesar Cotillo (2012)

MEMORANDUM OF DECISION

The plaintiff Matilde Cotillo and the defendant Caesar Cotillo married in Lima, Peru on August 15, 1975.   This court has jurisdiction.   There are no minor children, issue of the marriage.   Neither party has been a recipient of state or municipal financial assistance.   The marriage has broken down irretrievably with no hope of reconciliation.

The plaintiff is fifty-seven years old, in good health and has been self-employed (as a housekeeper) since her 1975 migration to the United States.   She has a high school education from Peru. At the time of trial, she was earning a gross income of $850.00 per week.   The defendant is 62 years old and graduated from college in Peru. He currently works as a handyman/carpenter earning approximately $750.00 per week according to his February 2010 financial affidavit.   His current affidavit indicates –0– income reflecting his testimony that he had just lost his current employment in upstate New York. The testimony at trial establishes a steady history of work.   The defendant is in good health.   The evidence at trial, specifically bank statements as well as correspondence from the defendant's accountant reflects an understatement of income.   Exhibit A, B, D, E & M. The defendant's own testimony evinces his desire to return to his homeland in Peru to continue working.

Fault

The court finds neither party to be at fault for the breakdown of the marriage.   It is evident that the parties grew apart, failed to communicate and clearly established their own emotional and financial lives.

Distribution:  Personal Property & Debt

In terms of distribution, Mr. Cotillo's testimony relinquishes any claim to personal property located in the Partridge Road house.   Ex. P. Accordingly all such personal property is awarded to the plaintiff wife.   Each party will retain their respective automobiles listed on their financial affidavits.   Each party will retain their respective bank accounts listed on their financial affidavits.   Each party will be solely responsible for the debts listed on their financial affidavits.

Real Estate

Partridge Road, Stamford, CT. The wife is awarded, free and clear of any claim by the husband, the marital property at Partridge Road, Stamford, CT. The husband is to assume full responsibility for any and all Home Equity Loans on the Partridge Road property.   The husband shall convey full title and ownership in the property to the wife within ten days of the judgment of dissolution.   Upon said conveyance the wife shall assume full responsibility for the mortgage (excluding home equity loans), taxes, insurance, maintenance and upkeep.   The wife shall be entitled to immediate exclusive possession of the property.

Peru Property

All of the real property appended to the defendant's financial affidavit entitled “Investments Outside of USA” is awarded solely to the defendant.

Bank Accounts in Peru

All bank accounts listed on “Investments Outside of USA” are awarded solely to the defendant.

Land in Florida

The land in Florida is awarded exclusively to the husband.

Timeshare

The Timeshare is listed on the husband's financial affidavit awarded to husband.

Life Insurance

The husband shall maintain life insurance in the amount of $20,000 per year with the wife named as beneficiary, for so long as his alimony obligation shall continue.

Alimony

The husband shall pay the wife the sum of $18,000 per year as alimony until his death, her death, her remarriage or her cohabitation as defined by statute.

Orders

This marriage is dissolved on the grounds of irretrievable breakdown.   The parties are declared single and unmarried.   So Ordered.

BY THE COURT

SCHOFIELD, J.

Schofield, Marylouise, J.