2005 Ct. Sup. 15935
No. FA04-4001441Connecticut Superior Court Judicial District of Waterbury at Waterbury
December 12, 2005
MEMORANDUM OF DECISION
LLOYD CUTSUMPAS, JUDGE TRIAL REFEREE.
The court, after listening to the parties and reviewing all of the evidence, finds that residence requirements have been satisfied and neither party has been the recipient of public assistance. All pertinent criteria outlined in Chapter 815 of the General Statutes as well as applicable case law were considered by the court in the entry of the following orders.
ORDERS DISSOLUTION OF MARRIAGE
The marriage is dissolved on the grounds of an irretrievable breakdown.
ALIMONY
Each party shall pay to the other $1.00 per year as alimony which shall be subject to modification in the event of a substantial change in circumstances. Alimony to a party shall cease upon the death, remarriage, or cohabitation of that party. The alimony is based upon the employment income shown on each parties’ financial affidavit, i.e. $25.00 per week for the Husband and $550 per week for the wife.
LIFE INSURANCE
The Husband shall name the Wife beneficiary on the two life insurance policies, shown on his financial affidavit, as Prudential in the face amount of $10,000.00 and Waterbury in the face amount of $9,000.00, until he no longer has any financial obligation to her for the payment of alimony. Upon reasonable request, he shall furnish her with satisfactory evidence that the insurance is being properly maintained. CT Page 15936
MEDICAL INSURANCE
Each party shall maintain their own medical insurance. The Husband shall cooperate with the Wife in any attempt by her to obtain COBRA benefits at her own expense.
REAL ESTATE
At the Husband’s option, within 90 days from date, he may purchase the Wife’s interest in the marital residence located at 9 Ivy Lane in Wolcott, for the sum of $87,500.00. This sum was arrived at by deducting the approximate balance on the first mortgage of $5,000.00 and the approximate balance on the home equity loan of $20,000.00 from the fair market value of the residence which is found to be $200,000.00 and dividing by two. As part of the exercise of his option, the Husband shall cause the Wife’s name to be removed from any obligation on the mortgage or home equity loan.
In the event the Husband is unable or unwilling to purchase the residence from the Wife as aforesaid, the property shall be immediately listed for sale with a mutually agreeable broker and sold to the buyer with the first reasonable offer. The net proceeds, after paying brokers commission, balance of the first mortgage, balance on the home equity loan, and customary closing costs, shall be divided equally.
Until sold, the Husband shall have exclusive use and occupancy of the premises, and he shall pay all expenses concerning same including but not limited to mortgage, taxes, insurance, and ordinary maintenance. He shall be entitled to all deductions for taxes and interest on his 2005 and 2006 tax returns.
The court shall retain jurisdiction until the disposition of the property pursuant to these orders.
PERSONAL PROPERTY
Each party shall retain the personal property now in their possession except for the air conditioner, small lawn mower, the two dollar, five dollar, and silver blue certificates, and the baby pictures hanging in the shed which shall be returned to the Wife within 10 days from date. CT Page 15937
The Wife shall be entitled to the 1996 Ford Explorer.
The Husband shall be entitled to all other vehicles owned by the parties including the 1973 Buick, 1983 Buick, 1983 Ford, 1978 Honda, 1992 Mazda, and 1976 Camper.
Each party shall retain their own personal checking accounts and savings accounts. The Wachovia account balance of approximately $7,500.00 shall be divided equally.
RETIREMENT ASSETS
The Husband shall transfer to the Wife a 29% interest in his City of Waterbury pension, effective January 1, 2006, by a domestic relations order to be prepared at his expense. The court shall retain jurisdiction until such time as the order is approved by the plan administrator. The intent of this order is to give the Wife 50% of the portion of the pension earned during the course of the marriage.
LIABILITIES
Each party shall be solely responsible for the liabilities shown on their financial affidavits.
COUNSEL FEES
Each party shall pay their own counsel fees.
MISCELLANEOUS
Each party shall sign any necessary documents to effectuate the orders contained herein.
All pendente lite orders are to remain in effect through December 31, 2005.
Plaintiff’s counsel shall prepare the judgment file, have it certified by defendant’s counsel, and file it with the court within 30 days. CT Page 15938