Zealand v. Balber

205 Conn. App. 376 · Connecticut Appellate Court · 2021

Facts

Elise Zealand and Scott Balber, unmarried attorneys, had a child and shared a principal residence in New York. Zealand left her employment to be the child's primary caregiver, with Balber becoming the sole source of support for her and their child. In December 2012, they purchased a "getaway" country home in Westport, CT, as tenants in common, intending to accommodate their family and Balber's other children. Balber funded the entire purchase price and all carrying costs for the home, though both were obligors on the mortgage. Zealand managed many improvements and repairs to the property, and Balber purchased artwork, including a "punching bag art" piece, with his personal funds. After about four years, Zealand and the child moved out, and Balber locked the doors.

Issue

Did the trial court abuse its discretion in determining the parties' respective interests in the property, precluding certain evidence, exceeding its statutory authority under § 52-500 (a), and awarding $25,000 as just compensation?

Holding

The trial court did not abuse its discretion in determining the plaintiff had a minimal interest, precluding evidence, acting within its statutory authority, or awarding $25,000 as just compensation. The judgment of the trial court was affirmed.

Rule

Under General Statutes § 52-500 (a), a court of equitable jurisdiction may order an equitable distribution of property with payment of just compensation if one owner has a minimal interest and a sale would not promote the interests of the owners. The court's determination of equitable interests and the amount of compensation is discretionary, considering factors like financial contributions, nonmonetary contributions, the nature of the property (e.g., primary vs. getaway home), and any agreements between the parties. The court may credit or discredit testimony and evidence in making its findings.

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