Elida Mezini v. Leart Mezini

Syllabus

In these consolidated cross-appeals, the defendant, Leart Mezini, challenged the trial justice's equitable distribution of property, contending that the trial justice either erred in his designation of property as marital or abused his discretion in awarding the plaintiff, Elida Mezini, certain property. The plaintiff contended that the trial justice erred in failing to award her one-half of the value of the reduction of the mortgage on the marital domicile. The Supreme Court held that the trial justice did not err in any of his designations or distributions of property. The Supreme Court determined that the trial justice did not overlook or misconceive material evidence because he assessed the parties' credibility and thoroughly examined the factors set forth in G.L. 1956 § 15-5-16.1(a) in making the distributions. Because the Supreme Court concluded that the trial justice had properly determined the extent and value of the marital estate and then equitably distributed those assets between the parties, the Court declined to address whether the increase in value of an asset acquired by a spouse prior to marriage, and solely titled in that spouse's name, includes the reduction of a mortgage paid with marital funds. Accordingly, the Supreme Court affirmed the decision pending entry of final judgment of the Family Court.