Hirschfeld v. Machinist

29 A.3d 159, 131 Conn. App. 352, 2011 Conn. App. LEXIS 471
Connecticut Appellate Court·Decided September 13, 2011·No. AC 31500; AC 31562·Published·Cited by 5 cases

Opinion

Opinion

BISHOP, J.

These two appeals arise out of various postjudgment proceedings stemming from the parties’ dissolution of marriage.1 In AC 31500, the plaintiff, Caroline Hirschfeld, claims that the trial court improperly (1) concluded that swimming pool expenses were “shelter expenses” in accordance with the parties’ separation agreement, (2) entered a postjudgment order dividing assets when it attributed to her expenses associated with a certain automobile, (3) denied her motion for an order regarding the division of assets without affording her a full evidentiary hearing and (4) denied her request for counsel fees without allowing her to [355]*355inquire as to the defendant’s financial circumstances.2 In AC 31562, the defendant, Robert Machinist, claims that the trial court abused its discretion in reversing its previous order imposing a sanction on the plaintiff through which she had been precluded from testifying as to housekeeping expenses incurred since the marriage was dissolved. We affirm in part and reverse in part the judgment in AC 31500, and we affirm the judgment in AC 31562.

The marriage of the parties was dissolved on February 2, 2007. The parties had entered into a separation agreement, the terms of which were incorporated as part of the dissolution judgment. Since the date of the judgment, litigation between the parties has been incessant, with more than one hundred court filings. Because the claims on appeal have differing factual and procedural bases, we address each in turn.

I

AC 31500

A

The plaintiff first claims that the court improperly held her hable for expenses associated with the swimming pool at the marital property on the basis of its conclusion that those costs were “shelter expenses” within the meaning of the parties’ separation agreement. We disagree.

“It is well established that a separation agreement, incorporated by reference into a judgment of dissolution, is to be regarded and construed as a contract. [356]*356. . . Accordingly, our review of a trial court’s interpretation of a separation agreement is guided by the general principles governing the construction of contracts. . . . A contract must be construed to effectuate the intent of the parties, which is determined from the language used interpreted in the light of the situation of the parties and the circumstances connected with the transaction. ... If a contract is unambiguous within its four comers, the determination of what the parties intended by their contractual commitments is a question of law. . . . When the language of a contract is ambiguous, [however] the determination of the parties’ intent is a question of fact, and the trial court’s interpretation is subject to reversal on appeal only if it is clearly erroneous. . . .

“Contract language is unambiguous when it has a definite and precise meaning . . . concerning which there is no reasonable basis for a difference of opinion .... In contrast, an agreement is ambiguous when its language is reasonably susceptible of more than one interpretation.” (Citations omitted; internal quotation marks omitted.) Remillard v. Remillard, 297 Conn. 345, 354-55, 999 A.2d 713 (2010).

Here, the parties agreed that the plaintiff would reside in the marital home in Greenwich until it was sold. Paragraph 6.5 of the separation agreement provides: “Until the earlier of the closing of title to any of the real estate to be sold, or the arrival of June 30, 2007, the [defendant] shall pay all ‘shelter expenses’ of ownership for each property as shown on his December 5, 2006 financial affidavit. Such expenses of ownership shall include the shelter expenses shown on the [defendant’s] financial affidavit of December 5, 2006.” Paragraph 6.6 provides that if the house had not been sold by June 30, 2007, the parties thereafter would share the shelter expenses equally until it was sold. Because the home had not been sold as of June 30, 2007, the parties began [357]*357sharing the shelter expenses as of July 1, 2007. The defendant filed a motion seeking reimbursement of one half of the expenses associated with the pool and the plaintiff objected, claiming that those expenses did not constitute “shelter expenses” as contemplated by the separation agreement. In response, the court determined that the expenses associated with the swimming pool did constitute shelter expenses and, therefore, ordered the plaintiff to reimburse the defendant one half of those expenses incurred since July 1, 2007.

The term “shelter expenses” is not defined in the separation agreement; nor does it have a precise meaning independent of the parties’ separation agreement. The plaintiff argues that the expenses associated with the swimming pool are not shelter expenses because they were not listed on the defendant’s December 5, 2006 financial affidavit.3 The court, however, did not take such a narrow view of the language employed in the parties’ separation agreement, finding, instead, that the use of the words “shall include” was not intended to be an expression of limitation, but rather of illustration. On October 15, 2007, the court defined “shelter expenses” as expenses of ownership and concluded that expenses for housekeeping at the home constituted such an expense. Although the pool expenses may not have been listed on the defendant’s December 5, 2006 financial affidavit, we agree with the trial court that the phrase “shall include” in paragraph 6.5 of the separation agreement is not exclusive and that pool expenses associated with the home properly may be considered shelter expenses. Accordingly, we conclude that the court properly ordered the plaintiff to reimburse the defendant for her share of those expenses in accordance with the separation agreement.

[358]*358B

The plaintiff next challenges the court’s judgment with respect to its order requiring her to reimburse the defendant for the expenses of a loan relating to a Chevrolet Suburban (Suburban). The plaintiff claims that the court’s order allocating that expense to her constituted an impermissible postjudgment distribution of assets. We agree.

“ [C] ourts have no inherent power to transfer property from one spouse to another; instead, that power must rest upon an enabling statute. . . . The court’s authority to transfer property appurtenant to a dissolution proceeding rests on [General Statutes] § 46b-81. That section provides in relevant part: At the time of entering a decree . . . dissolving a marriage . . . the Superior Court may assign to either the husband or wife all or any part of the estate of the other. . . . General Statutes § 46b-81 (a). Accordingly, the court’s authority to divide the personal property of the parties, pursuant to § 46b-81, must be exercised, if at all, at the time that it renders judgment dissolving the marriage.” (Citation omitted; internal quotation marks omitted.) Rathblott v. Rathblott, 79 Conn. App. 812, 819, 832 A.2d 90 (2003).

Here, the parties’ separation agreement provided that each party was responsible for the debts in his or her own name. At the time of dissolution, the loan for the Suburban was only in the defendant’s name, and, therefore, was made the defendant’s responsibility by the terms of the judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Hirschfeld v. Machinist, 29 A.3d 159, 131 Conn. App. 352, 2011 Conn. App. LEXIS 471 (Colo. Ct. App. 2011).

29 A.3d 159 (Hirschfeld v. Machinist) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Krahel v. Czoch
Connecticut Appellate Court, 2018
Hirschfeld v. Machinist
186 A.3d 771 (Connecticut Appellate Court, 2018)
Freeman v. A Better Way Wholesale Autos, Inc.
166 A.3d 857 (Connecticut Appellate Court, 2017)
Budrawich v. Budrawich
32 A.3d 328 (Connecticut Appellate Court, 2011)