Cottrell v. Cottrell
2012 WL 43644
Conn. App. Ct.2012Background
- Dissolution of a 12-year marriage; parties have two minor children.
- Trial court ordered defendant to buy plaintiff’s legal and equitable interest in marital properties within 90 days for $200,000.
- Court included seven properties in the marital estate, though ownership status disputed for four.
- Defendant transferred interests in several properties to his children prior to dissolution; court found those transfers fraudulent.
- Plaintiff’s affidavits listed properties as marital; defendant’s affidavits claimed he held interests; court relied on affidavits and conducted analysis of ownership.
- Court affirmed judgment, rejecting defendant’s arguments that certain properties were incorrectly included and that conveyances were fraudulent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether four disputed properties were improperly included in the marital estate | Cottrell claims properties were not owned by the parties | Estate overvalued due to mislisted/unused properties | No reversible error; findings supported by record and discretion proper |
| Whether the fraudulent conveyance findings were clearly erroneous | Conveyances were made to deprive plaintiff of share | Court erred in chronology and intent | Findings supported; not clearly erroneous; fraud established by clear and convincing evidence |
Key Cases Cited
- Tracey v. Tracey, 97 Conn.App. 122 (2006) (standard for appellate review of factual findings)
- Rozsa v. Rozsa, 117 Conn.App. 1 (2009) (deference to trial court on credibility; standard of review)
- Tobey v. Tobey, 165 Conn. 742 (1974) (valuation of marital property; date of dissolution)
- Mickey v. Mickey, 292 Conn. 597 (2009) (recognition of nontraditional property interests in equity distribution)
- Reizfeld v. Reizfeld, 125 Conn.App. 782 (2011) (harmful error burden and review of financial affidavits)