Renee Mayo v. Claire Mayo (2013)

MEMORANDUM OF DECISION

This is an action commenced by the plaintiff wife by complaint filed on November 1, 2012 and made returnable to this court on November 13, 2012 seeking a dissolution of marriage, a fair division of property and debts and a name change.

On August 29, 2013, the matter was tried to the court.   Both the plaintiff and the defendant were present for the trial and each was represented by counsel.   Testimony was received from the plaintiff, the defendant and a witness called by the defendant.   The plaintiff introduced ten exhibits and the defendant introduced three exhibits.

From the testimony and evidence produced at the trial and after assessing the credibility of the witnesses, the court finds the following facts to have been proven.

The parties entered into a civil union on July 12, 2008 and were married on July 12, 2009.   There are no children born or adopted to either party since the date of the marriage.   The plaintiff has resided in this state for more than one year immediately prior to the date of the marriage.   Neither party is receiving any state, federal or local assistance.   The court finds that it has jurisdiction over the parties and the marriage.

The plaintiff and defendant entered into a civil union on July 12, 2008 and were married on July 12, 2009.   The parties lived together in a home at 101 Davis Circle, Putnam, Connecticut which was purchased by the plaintiff in 2007.   The home currently has a mortgage balance of $155,293 as evidenced by Plaintiff's exhibit # 2 and has significant negative equity according to the plaintiff's financial affidavit which the court hereby finds.   The defendant moved into the home with the plaintiff in 2007.   In addition, the plaintiff's son who is now 17 years old has also lived in the home during the marriage in addition to the defendant's brother.   The parties had a tumultuous relationship during the marriage and there was discord between the defendant and the plaintiff's son who was living in the house resulting in restraining orders being issued.   The parties separated four times during the marriage.   The plaintiff was awarded exclusive use of the home pendente lite on November 28, 2012.   The plaintiff works as a nurse and has a gross income of $1,003.00 and a net income of $680.00 according to her financial affidavit and also receives $207.00 a week social security benefits for her son.   The defendant's financial affidavit reveals that she earns $200.00 a week.   The defendant testified that she is self employed for the last 25 to 30 years in construction.   She also went to school during the marriage to train to become a phlebotomist, obtained a license but it has since expired.   The defendant also bought a concession stand in an attempt to work at fairs but has not been successful in that venture.   The bulk of the income during the marriage was earned by the plaintiff.   It was agreed that the defendant would make improvements on the marital home which she did although the plaintiff is not satisfied with the quality of the work and believes it to be unfinished.

The defendant's testimony as to her income and amounts and sources of work was not credible.   The defendant did give credible testimony supported by another witness that the 1998 Jeep that was purchased was with money given to her as a gift by her brother.   In addition, the court found credible that the debt of the defendant in the amount of $774.32 due American Express was for medical expenses for the plaintiff.   The defendant also presented credible evidence that a charge account on her financial affidavit to Lowe's was incurred for expenses associated with the improvement of the marital home.   The Court in fashioning its orders has taken into account the above referenced findings.

The Court finds that both parties have contributed to the breakdown of the marriage.   This has been a short-term marriage that was tumultuous for most of the marital relationship.   The parties had separated four times during the course of the marriage.   The plaintiff contributed the bulk of the income during the marriage.   The defendant's financial contribution to the marriage was primarily in the nature of her improving the marital residence.   Despite having extensive experience in the construction field, and being trained as a phlebotomist, she has not utilized said experience to maintain full time and significant employment.   An award of alimony is not appropriate in this matter.

After taking into consideration the statutory criteria set forth in the Connecticut General Statutes as well as the applicable case law and applying the same to the evidence, the court enters the following orders.

1. A decree is entered dissolving the marriage of the parties on the grounds of an irretrievable breakdown.

2. The title to the property known as 101 David Circle, Putnam, Connecticut and the time share in Mashapee, Massachusetts shall remain vested in the plaintiff, free of any interest of the defendant.   The plaintiff shall be responsible for all expenses to said property, including but not limited to any mortgages, taxes, insurance and other expenses associated with the maintenance of the property.

3. No alimony is awarded to either party.

4. The defendant shall be entitled to all personal property, household goods and possessions now under her control free and clear of any claim by other except as provided in this judgment and shall further retain the items as follows

Oak File Cabinet

Rooster Cabinet

Collection of Santas

22 Foot Ladder

Concession Stand Trailer

All Tools–Sawzall, Table Type Saw

Shower Stall

T.V. Stand

Pool Table

High Chair

Electric Stove Insert Counter Top

Two Burgundy Lamps

Patio Bar Set

Blue Tack Board

Water Fountain

Toaster Oven

Roll Top Desk with Chair

Set It & Forget It Roaster

Small Fridge

1 Black Round Fan

Bed and Dresser from Master Bedroom

Sleeping Bags & Marlboro Wool Blanket

Table and 4 Bar Chairs Downstairs

2 Oak End Tables

Hammock

Moose Carved Wood & Moose Plate

Old Desk

The defendant shall arrange to pick up the above specified items within 30 days through counsel.   In the event the defendant shall not pick up said items within 40 days of said judgment, the items shall remain the property of the plaintiff.

The plaintiff shall be entitled to all personal property, household goods and possessions and now under her control free and clear of the defendant including the remainder of the personal property at the former marital home except as provided in this judgment.

5. The defendant shall have twenty days from the date of this Judgment to transfer her cell phone telephone number to the carrier of her choice and the plaintiff shall cooperate in that process.   After the expiration of the twenty-day period, the plaintiff may cancel the service for the defendant's phone number and/or close the account.

6. The plaintiff and the defendant shall close the joint Citizens National Bank account forthwith as listed on their respective financial affidavits and the balance in the account shall be equally divided between the parties.   Each party shall retain any pensions, retirement, savings, checking accounts and life insurance policies as listed on their respective financial affidavits free and clear of any claim of the other party.

7. The plaintiff and the defendant shall cooperate in filing the 2012 and 2011 State of Connecticut income tax return if they have not already been filed and shall equally share any refund and be responsible for any deficiency should there be any for said tax returns.

8. The defendant shall retain the 1997 Ford Pickup, the 1995 Harley 883 Sportster, the concession stand which is also listed in paragraph # 4 of this judgment free and clear of any claims of the plaintiff and shall assume all liabilities on said items including, but not limited to taxes, insurance and any loans on said items that may exist.

The plaintiff shall transfer the 1998 Jeep automobile presently in her possession to the defendant within 30 days of this Judgment and shall sign any documents necessary to transfer her interest, if any, in the 1998 Jeep to the defendant.   The defendant shall assume all liabilities on said vehicle including but not limited to taxes, insurance and any loans that may exist.

9. Each party shall be solely responsible for the debts listed in their own names as listed on their financial affidavits and hold the other party harmless therefrom.   The plaintiff shall pay the defendant the sum of $3,000.00 to be paid to the defendant at the rate of $50.00 per week until fully paid.

10. Each party shall be responsible for their own attorneys fees.

11. The plaintiff shall have her maiden name of Renee Waselik restored.

12. Each party shall promptly execute all documents necessary to effectuate these orders.

Graziani, Judge

Graziani, Edward C., J.