Moyher v. Moyher

Citations

• 198 Conn. App. 334

Syllabus

The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff, and entering certain related financial orders. The trial court determined, referencing the applicable statute (§ 46b-81 (c)), that certain real property constituted marital prop- erty subject to equitable distribution. Held: 1. The defendant could not prevail on his claim that the trial court improperly found that certain real property located in New Hampshire was a marital asset and improperly awarded the plaintiff 40 percent of its value; the court explicitly referred to the factors in § 46b-81 (c) in determining that the New Hampshire property was marital property, considering the contributions both parties made in designing, building and maintaining the house, and the time spent there by both parties over the course of the marriage, and the court's award of 40 percent of the New Hampshire property to the plaintiff was not an abuse of discretion because the court found that the plaintiff contributed significantly to the finances of the marriage. 2. This court declined to review the defendant's unpreserved claim that the trial court abused its discretion in not allowing him to present evidence regarding an alleged prenuptial agreement between the parties: the trial court stated on the record that the defendant, prior to trial, had with- drawn his clam for enforcement of a prenuptial agreement, and, although, in his brief to this court, the defendant argued that he sought to introduce evidence of a prenuptial agreement, and that, in chambers on the morning of trial, the court stated that it would not allow evidence of a prenuptial agreement to be presented because the defendant was unable to provide a signed agreement, there was nothing in the record to allow this court to review the defendant's claim; no objection was made on the record to the court's statement at the opening of trial that it would not consider evidence of the alleged prenuptial agre