DocketNumber: No. FA97 0342668 S
Citation Numbers: 1998 Conn. Super. Ct. 9517
Judges: CUTSUMPAS, J.
Filed Date: 7/22/1998
Status: Non-Precedential
Modified Date: 4/18/2021
The court finds that residence requirements have been satisfied, one child was born to the Wife since the date of marriage who is now an adult, and neither party has received public assistance from the State of Connecticut.
Both parties are in good health, high school graduates, and capable of being self supporting. Neither party is primarily responsible for the marriage breakdown.
All pertinent criteria outlined in Chapter 815j of the General Statutes were considered by the court in the entry of the orders which follow.
Agreed upon equity..........................$180,000.00
Less cost to refinance....................... 1,000.00
Less Liabilities to be paid at closing... 28,353.94
Net equity to be divided.................... 150,646.06
Amount due Husband.......................... 75,323.03
Less loan due Wife....................... 11,349.00
Cash due to Husband.........................$ 63,974.03
The amount due the Husband shall be payable as follows: $35,000 in cash on delivery of the deed and $28,974.03 by promissory note, secured by a second mortgage on the premises, due and payable three years from date of closing. Said note shall bear simple interest at the rate of six percent per annum, include costs of collection and attorney's fees in the event of default, and shall be immediately due and payable in the event of a sale of the premises. Until the refinance closing the Wife is to have the sole responsibility for the payment of the mortgage, CT Page 9520 taxes, insurance, and other reasonable and customary expenses concerning same.
In the event the Wife is unable or unwilling to refinance the property as aforesaid, the property shall be immediately listed for sale and sold to the buyer with the first reasonable offer. If the parties are unable to agree on the listing price, broker, terms of sale, or any other issue, the court shall retain jurisdiction for determination of same.
The Wife shall assume the following liabilities: J.C. Penny ($53.39), Steinbach ($312.04), Fairfield Tax Collector ($86.61), Sunoco ($1,486.28), and Citibank Mastercard ($909.04).
Each party shall save the other harmless from any and all claims regarding the liabilities assumed.
The following liabilities shall be paid out to the refinancing or sale of the marital residence: Sears ($993.17), Discover ($4,500), Barron, Gannon Co. ($513.63), 1st USA Visa ($5,035), Standard Oil ($438.17), Amex ($3,726.95), ATT Co. ($50.78), SNETCO ($618.22), IRS ($5,478.02), and Connecticut DRS ($7,000).
The Husband shall have the sole responsibility of ascertaining the balance due the Connecticut DRS, if any, prior to the closing. If the liability is not ascertained by the date of closing, payment shall remain the Husband's sole responsibility.
CUTSUMPAS, J. CT Page 9521