Wood v. Wood
160 Conn.App. 708
Conn. App. Ct.2015Background
- Curtis Wood seeks dissolution; property and support disputes follow trial (2013).
- Grove Lane real estate, 8 Grove Lane, and Dearfield Lane LLC are central assets.
- Dearfield Lane asset tied to a $520,000 credit from Barile LLC; disputed as speculative/contract-based.
- Trial court valued plaintiff’s LLC interest at $520,000 and held LLC interest is marital property under §46b-81.
- Court awarded defendant $750,000 lump sum and various fees; plaintiff argues miscalculation and improper crediting of liabilities.
- Appellate court affirms all financial orders and held plaintiff had sufficient assets to meet payments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dearfield Lane credit is marital property and properly valued | Dearfield credit is speculative; no enforceable sale contract | Credit is enforceable LLC interest under Barile agreement | Yes, LLC interest is distributable property and valued at $520,000 |
| Whether court properly classified LLC interest under §46b-81 | Interest is an expectancy, not enforceable property | Interest is a present, enforceable contractual right | Properly categorized as distributable property |
| Whether the $750,000 lump sum and fees were properly awarded | Awards exceed plaintiff's ability to pay | Assets exceed $2.5 million; payments feasible | Court did not abuse discretion; assets sufficient to cover orders |
| Whether liabilities and tax debt were considered in property division | Liabilities/tax debt ignored | Liabilities and tax liabilities acknowledged and allocated | Correctly considered liabilities and tax debts in division |
Key Cases Cited
- Porter v. Porter, 61 Conn. App. 791 (Conn. App. 2001) (trial court may rely on sworn financial statements for valuation)
- Voloshin v. Voloshin, 12 Conn. App. 626 (Conn. App. 1987) (trial court may rely on sworn financial statements in dissolution cases)
- Krafick v. Krafick, 234 Conn. 783 (Conn. 1995) (contractual rights can be property under §46b-81)
- Mickey v. Mickey, 292 Conn. 597 (Conn. 2009) (statutory criteria interpreted with broad review; not all factors must be expressly found)
- Valentine v. Valentine, 149 Conn. App. 799 (Conn. App. 2014) (-above-average financial awards can be abusive if render welfare impossible)
- Greco v. Greco, 275 Conn. 348 (Conn. 2005) (excessive financial orders risking impoverishment)