Karen v. Parciak-Karen

673 A.2d 581, 40 Conn. App. 697, 1996 Conn. App. LEXIS 149
Connecticut Appellate Court·Decided March 26, 1996·No. 14066·Published·Cited by 9 cases

Opinion

GLASS, J.

In this dissolution action, the plaintiff, Richard L. Karen, appeals from the trial court’s assignment of certain funds to the defendant Karen Parciak-Karen. The plaintiff claims that the trial court abused its discretion and improperly held (1) that the plaintiff made an inter vivos gift to the marital estate when he converted certain bank accounts, formerly in the plaintiffs name alone, to joint bank accounts in the names of the plaintiff and the defendant, and (2) that the defendant was entitled to have assigned to her a portion of the plaintiffs inheritance. We affirm the judgment of the trial court.

The trial court found the following pertinent facts. The parties were married in Manchester on May 5,1984. At the time of the marriage, the plaintiff was employed by the Connecticut department of revenue services. In late 1985 or early 1986, the plaintiff terminated his employment with the state and became involved in the sale of real estate in the Manchester area. The defendant managed a family restaurant in Manchester from approximately 1977 until it was sold in 1993. The defendant is also a licensed real estate broker and appraiser.

The defendant testified at trial that the plaintiff stopped working in 1989 when his mother became ill, and that the defendant supported the plaintiff by working two jobs. In 1990, the plaintiff was appointed conservator for his mother, who later died on February 13, 1991. As a result of her death, the plaintiff became the sole owner of several bank accounts totaling $384,117, that had been held by the plaintiffs mother in survivor-[699]*699ship with the plaintiff. Since the plaintiffs mother was the sole contributor to these accounts, it was conceded that these accounts were 100 percent taxable for Connecticut succession tax purposes.

Although the parties had no children of their marriage, two children were placed with the parties in July, 1991, in accordance with a joint plan to adopt them. Both of these children have long standing emotional problems.1

Shortly after the children were placed with the parties for adoption, the plaintiff began a series of consultations with a representative of Mechanics Savings Bank relative to the investment of money that he inherited from his mother. The defendant was present at some of these meetings. As a result of these consultations, several investment accounts were established using the funds inherited by the plaintiff. Two of these accounts, the Keystone B-l account and the Van Kampen Bond Fund, with a total current value of $262,256, were converted by the plaintiff from his name alone to the joint names of the plaintiff and the defendant.2

The trial court determined that the plaintiffs action of converting these two funds from the plaintiffs name alone to the joint names of the plaintiff and the defendant created “a rebuttable presumption that [the] plaintiff intended to make a gift of that property to the marital estate.” The trial court determined that the evidence was lacking to indicate that the plaintiff did not intend a gift when he converted the two accounts. The trial court therefore concluded that these two funds should [700]*700be considered apart of the marital estate3 and assigned pursuant to General Statutes § 46b-81 (c).4 The trial court also considered the relevant statutory criteria contained in § 46b-81 (c), and noted that the responsibility for the breakdown of the marriage rested with the plaintiff. It further compared the yearly income of the parties, and concluded that the defendant’s contribution to this portion of the marital estate “far and away exceeds that of [the plaintiff].”5

The total marital estate determined by the trial court to be available for assignment was $372,710. This total consisted of $110,454, representing the estate excluding the funds, and $262,256, representing the total amount of funds in the two investment accounts in the joint names of the plaintiff and the defendant. The court [701]*701assigned to the plaintiff 20 percent of the marital estate excluding the funds, or $22,091. The court assigned to the defendant the remaining 80 percent of the estate excluding the funds, or $88,363. The court assigned to the plaintiff 67 percent of the total amount of the two joint investment accounts, or $175,712, and assigned to the defendant 33 percent, or $86,544, of these accounts. In sum, the trial court assigned to the plaintiff $197,803 of the $372,710 marital estate. The court assigned $174,907, the balance of the marital estate, to the defendant.6 The trial court declined to award either spouse alimony or counsel fees.

This appeal by the plaintiff challenges only the assignment to the defendant of $86,544 of the investment account funds in the joint names of the plaintiff and the defendant. The trial court, in its decree, made various other orders, none of which is at issue in this appeal.

I

The principal claim of the plaintiff is that the trial court improperly determined that, in converting two of his inheritance fund accounts from his name alone to his and the defendant’s joint names, he made an inter vivos gift to the marital estate. In support of this claim, the plaintiff argues that “there is no evidence that [he] relinquished control over the accounts in question,” and, further, “[t]here was no evidence that [the] defendant ever withdrew or deposited any money from or to these accounts and no evidence that [the] defendant could make withdrawals without the plaintiff’s consent.” The plaintiff concludes that “[s]ince [he] did not relinquish possession or control of these accounts, there is insufficient evidence on which the court could find that a valid inter vivos gift was made.”

[702]*702The plaintiffs argument implies that if the defendant is not the owner of all or any part of the investment fund accounts, the trial court would be powerless to assign to the defendant all or any part of the funds. The plaintiffs argument and its implication misses the mark, and has been previously rejected by statute; General Statutes § 46b-81 (a);7 as well as by the Connecticut Supreme Court in North v. North, 183 Conn. 35, 39, 438 A.2d 807 (1981). Under § 46b-81 (a), property assignment is not restricted to the spouse that owns the property. Once it is determined that the property is part of the “estate” of either the husband or wife, the only limitation on the trial court’s power of assignment is General Statutes § 46b-81 (c).8 Moreover, our Supreme Court has stated: “ ‘§ 46b-81 confers broad powers upon the [trial] court in the assignment of property. It provides, in part, that the court “may assign to either the husband or wife all or any part of the estate of the other.” Among the factors to be considered in any order entered under § 46b-81 are the “estate, liabilities and needs of each of the parties.” ... In this context, the “estate” of the parties, as referred to in the statute, comprehends the aggregate of the property and liabilities of each.’ This includes any property a party may have received by reason of inheritance.” North v. North, supra, 39.

Because it is uncontroverted that these two investment accounts were included in the plaintiffs inheritance, and since the trial court under § 46b-81 (a), “may

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Karen v. Parciak-Karen, 673 A.2d 581, 40 Conn. App. 697, 1996 Conn. App. LEXIS 149 (Colo. Ct. App. 1996).

673 A.2d 581 (Karen v. Parciak-Karen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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