2006 Ct. Sup. 1087
No. CV04-0412109SConnecticut Superior Court Judicial District of Fairfield at Bridgeport
January 18, 2006
MEMORANDUM OF DECISION
BARRY C. PINKUS, JUDGE.
The plaintiff, in her three-count complaint, alleges that she is entitled to a portion of the proceeds from the sale of the defendant’s condominium unit. The first count alleges an oral agreement for one-half of the equity in the property at the time of the closing. The second count claims unjust enrichment. The third count claims equitable title to one-half of the condominium unit. The court finds that the plaintiff failed to sustain her burden of proof as to the first and third counts. The court does not find credible the plaintiff’s testimony that there was an agreement to share the equity in the property on sale. The plaintiff’s contribution of $2750.00 did not amount to one-half of the down payment. The gift letter and the lease agreement are in direct conflict with these allegations. (Exhibits 1 and 3.) The fact that the defendant took all the tax deductions for the mortgage interest payments and real estate tax payments supports her contention that there was no sharing agreement. (Exhibit 8.)
The plaintiff testified that she spent approximately $4000.00 in renovations to a bathroom at the condominium. The court finds that this amount along with the $2750.00 “loan” for the purchase of the condominium should be paid to the plaintiff pursuant to count two of the complaint.
Accordingly, judgment shall enter for the plaintiff in the amount of $6750.00. CT Page 1088