If there are children, the custodial parent gets the house. Ok – this might be too general but it’s a good “rule of thumb.” Oh – do not fight for custody of the children as a way of getting the house. Do request custody because it’s best for your children.
What if there are no children? The courts will usually order the house sold if the spouses cannot otherwise agree. This is especially true if both parties are on the mortgage note (unless the party with the house can refinance) or if there is considerable equity and one of the spouses wants their money now. Again, this is the general rule – exceptions exist.
But even if your spouse will give you the house should you take it?
After all, it is not always prudent to accept ownership and all the financial obligations that go with it (i.e. ordinary maintenance, major repairs, etc). Being cynical here, but maybe there’s a reason your ex is happy to give the place to you.
The link below sets forth a rough formula to help you determine if you can afford the house post breakup. If you cannot afford the home, then sell it and walk away. Over the long haul, you will be glad you did.
New Haven residents may recall hearing of a recent accident between a city bus and a truck that injured 22 people, five of whom required hospitalization. A truck rear-ended the CT Transit city bus, heading to downtown New Haven and carrying 29 people, during a Monday morning rush hour.
The truck, which was carrying kitchen grease, collided with the bus just as a passenger was loading a bicycle onto the front of the bus. The bus jolted forward, and the passenger ended up underneath the bus. The truck later caught fire.
Emergency crews appeared on the scene of the bus accident within minutes. The driver of the truck was one of the victims taken to the hospital for treatment. The bus driver was not injured. Some of the injured parties refused treatment.
The cause of the bus accident remains unknown. It is unclear if negligence of either party contributed to the unfortunate situation. Police are reviewing the contents of a video camera that was on the bus to learn more about what factors played a part in the crash.
Connecticut residents using public transportation may feel helpless in situations like this, knowing that accident prevention is largely out of their control. They are also likely unsure of appropriate steps to take, or who will compensate them if they are injured in an accident while riding public transportation.
Victims of accidents involving city transit can recover compensation for the public transportation company’s negligence by bringing suit against the city involved. If another driver caused the accident, they can bring a personal injury lawsuit against that driver. An experienced advocate can help determine who was liable and how much compensation victims are entitled to after a serious public transportation accident.
Source: Ctpost.com, “More than 20 injured in bus accident,” May 14, 2012.
Connecticut saw one fatal accident this Memorial Day weekend, compared with four last year. That’s a positive change, but it does not take the pain away from the family that lost a loved one or those that were injured during one of the most accident-prone weekends of the year.
Between Friday and Monday, there were 279 motor vehicle accidents (up from 260 last year). At least 57 of those accidents caused injuries and one accident on Route 8 was fatal.
Stricter enforcement efforts that began this weekend and will continue throughout the summer led to multiple arrests for DWI, speeding and failure to wear a seatbelt. The numbers:
- 77 DWI arrests
- 816 arrests for failure to wear seatbelts
- 1,797 speeding arrests
Click It or Ticket Campaign
The Memorial Day weekend also marks the start of the statewide and nationwide Click It or Ticket Campaign. The campaign will include increased enforcement as well as seat belt and child safety seat checkpoints throughout the state. The goal is to increase road safety during the most dangerous driving months of the year.
According to the NHTSA, 3,341 people were killed in 2010 because they failed to buckle up. Simply wearing a seatbelt could have prevented the majority of ejections, for example. And since more than 75 percent of individuals ejected from their cars during motor vehicle accidents die, that means many lives could have been saved.
Were you injured?
If you were injured in a Memorial Day accident – even if your injuries were aggravated by failing to wear a seatbelt – you may be able to recover compensation for your injuries. This includes compensation for medical bills, lost income, pain and suffering, and other economic and noneconomic injuries.
Source: Mansfield-Storrs Patch, “One fatal accident, 77 DWIs reported Memorial Day weekend in CT,” Jaimie Cura, May 29, 2012.
Big increase in divorce cases where there is a dispute over pet custody.
But using the word “custody” is a mischaracterization.
While you might think of your pet as a member of the family courts do not. Pets are considered property. Therefore, Connecticut courts do not apply the “best interest” standard when deciding who gets the pet. The “best interest” standard only applies to those other treasured members of the family known as children.
Anyway. Prenuptial agreements can be used to determine pet ownership. It works just like how you would decide which partner gets other property and assets as part of a prenup or postnuptial agreement negotiations.
You can check out the link below. Again, I agree that pre and post-nups can be used for pet “possession” but I disagree that the welfare of the pet is given much weight.
I’m Taking the Dog, Dumbass: Pets and Divorce | Lawyers.com Blog
Have you denied teacher certification or has your educator’s license been put on hold because of DCF?
Effective July 1, 2011, the Connecticut Board of Education requires each applicant for initial issuance or renewal of a professional certificate to sign an Authorization so that the licensing agency can determine whether the individual is on the DCF Central Abuse and Neglect Registry.
If the Department of Education learns that an applicant is on the DCF Registry, the application is automatically denied.
However, the applicant can generally request that the Department of Education review or “reconsider” the denial of the certification. This essentially is a deferment of the final decision to deny certification while the applicant tries to rectify the situation with DCF. It basically buys the applicant time.
In the interim, there are rights to appeal DCF’s Central Registry decision.
Sometimes, DCF will reconsider their decision and remove the individual from the Registry.
In other cases, DCF will require the person to complete an appeal process. This involves a Hearing Officer conducting an Administrative Hearing where they listen to testimony and consider other evidence to decide whether to remove the “perpetrator” from the Registry.
These cases are highly fact dependent and extremely time sensitive. Because the law is new, the application of the law and the procedures governing it are evolving.
Please email me or call (203) 259-5251 if you need help with DCF and teacher certification issues.
How does adultery in a Connecticut divorce effect the outcome?
Here are a few instances:
1. Distribution of assets/property. The court is required to consider “the causes for the annulment, dissolution of marriage or legal separation” when dividing property. So, for example, if a spouse has used marital assets to support an affair, that fact would be factored into who gets what.
2. Alimony/spousal support. Just like in cases of property distribution, the court is required to consider “the causes for the annulment, dissolution of marriage or legal separation” when determining alimony. This may be especially relevant where there is a pattern of infidelity or an extra-marital affair is ongoing at the time of divorce.
3. Custody of children. A parent’s fitness is always at issue when deciding Parenting Plans. Therefore, if a parent is carrying on a relationship in front of the children or exposing the children to inappropriate people or situations, the court will take this into account when deciding what is best for the children.
4. The ability to negotiate a settlement. Most divorces (about 95%) settle rather going to trial. But when a spouse feels betrayed, they often seek retribution. Or they have trouble separating the emotional aspects of the breakup from the legal consequences in a divorce. In turn, this emotional stance causes great difficulty in reaching a settlement. It may be easier said than done, but the best settlements are those achieved when spouses focus on what is best for them and their children rather than litigating from a position of anger.
Connecticut Divorce Attorney
I represent clients in estate planning matters though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about adultery in a Connecticut divorce.