Althea Smith v. Alvin Smith (2013)

Caption Date:

MEMORANDUM OF DECISION

The plaintiff initiated this action for dissolution of marriage with a complaint that was returned to the court on January 15, 2013.   At the time the defendant was a resident of Bloomfield, Connecticut.

The court finds that it has jurisdiction and that all statutory stays have expired.

A trial was held before this court on September 26, 2013.   Both parties appeared at trial with the defendant representing himself and the plaintiff represented by counsel.

The court has fully considered all the relevant statutory authority, as well as the evidence, applicable case law, the demeanor and credibility of the witnesses, and arguments of counsel in reaching the decisions reflected in the orders that issue in this decision.

FACTUAL FINDINGS

The court finds that the following facts were proven by a fair preponderance of the evidence.

1. The plaintiff, whose maiden name was Monts, and the defendant were married on August 9, 2003 at West Hartford, Connecticut.

2. Both parties have resided continuously in the state of Connecticut for at least one year prior to the commencement of this action.

3. The marriage of the parties has broken down irretrievably without the prospect of reconciliation.

4. There are no children born to the wife since the date of the marriage.   No other children have been born to the wife since the date of the marriage.

5. Neither party has received assistance from any state or local agency.

6. During the marriage both parties, age 62, have enjoyed good health and employment.

7. The credible evidence supports a finding that the defendants' angry temperament as well as the loss of numerous employment positions has contributed to the breakdown of the marriage

8. The defendant's credible testimony is that the marital home is currently in arrears on the mortgage two months and the gas utility to the home is suspended.   The defendant is currently in possession of the home.

9. The court finds that the wife contributed the initial investment in the marital home in the amount of $13,566.11 and has financially supported the defendant during periods of unemployment.

10. The plaintiff is currently employed earning $546.00 net income per week with monthly partial pension payments of $445.52.   The defendant is currently receiving unemployment payments of $373.00 per week net income with social security net benefits to begin October 2013 of approximately $900.00 per month.

ORDERS

1. Based on the parties' financial resources and the statutory criteria set forth in CGS 46b–82, neither party is awarded alimony.

2. Assets owned by the parties.

Real Property:  The husband shall transfer to the wife by quit claim deed within 30 days all his right, title and interest to the marital residence located at 4 Tiffany Lane in Bloomfield, Connecticut and the wife shall list the property for sale with a licensed real estate agent within 70 days of this order.   The plaintiff wife shall have sole right to possession of the premises and keep the property in good condition for sale.   The plaintiff shall be responsible for all expenses related to the residence upon possession.

The defendant is ordered to vacate the premises no later than 30 days from date of judgment.   The defendant is responsible for leaving the premises in good condition and paying for all expenses related to the residence during his possession.   The Defendant is ordered to notify the plaintiff or her attorney 48 hours prior to his vacating the premises.

The proceeds from the sale of the marital residence shall be divided as follows:

The plaintiff is to first receive a credit from the proceeds, if any, of $6,783.00.   The remainder, if any, shall be split between the parties equally.

Motor Vehicles.   The plaintiff shall keep as her sole asset her Ford truck.   She shall hold the defendant harmless from any loans on said vehicle.   The defendant shall retain ownership of his vehicle, Chevy Malibu and remove plaintiff's name from loans and title through refinancing.   Each party shall be responsible for all expense related to their respective motor vehicles.

Other Assets.   The defendant shall retain all rights to workers' compensation case and pending motor vehicle accident case.   The defendant is granted the furniture on plaintiff's schedule A, listed as all furniture in the family room (3 piece brown set).   The parties agree the plaintiff shall receive the remaining items on Schedule A of her proposed orders.

3. Attorneys Fees. The plaintiff shall be responsible for her own attorney fees.

4. Debts. Each party shall be responsible for their own debts.

SO ORDERED.

BY THE COURT,

Stewart Johnson, J.

Johnson, Stewart, J.