Williams v. Warren, No. 27 51 41 (Oct. 10, 1991)
Opinion of the Court
I. Assets of W W Realty Company
On the basis of the evidence adduced at trial, the court finds that the assets of this partnership at the time of trial consisted of the following:
— A multi-family house known as 227 Edgewood Avenue, New Haven, with an appraised value of $130,000.00 — Cash in a bank account 66.35 — Receivable outstanding loan to Williams 3,500.00 — Receivable outstanding loan to Warren 5,000.00 ----------- TOTAL ASSETS $138,566.35
The evidence presented by the accountant for the partnership indicated that the partnership had the following liabilities at the time of trial:
— Mortgage as to 227 Edgewood Avenue $43,496.37 — Installment Loan 7,444.35 — Accounts payable for clerical work Ms. Ventriglia 1,887.52 — Cash advances and expenses reimbursable to Williams 18,376.92 ---------- TOTAL LIABILITIES $71,205.16
The defendant contested the partnership's indebtedness for clerical assistance by Marilyn Ventriglia, who is also employed as a secretary by the plaintiff. The accountant for the partnership credibly testified that Ms. Ventriglia had expended many hours distinct and separate from her work for Williams in order to provide itemizations and other information necessary for the preparation of tax returns for the partnership. There is no reason for one partner to absorb this expense merely because the person who rendered the services to the partnership was also employed by him to perform services unrelated to the partnership.
The court has deducted from the amount claimed to be reimbursements due to Williams those items which the accountant found were unsupported by documentation relating to the expense to partnership activities. The court has also disallowed two items which Warren established had already been paid by him as deductions from the proceeds of a prior sale of another rental property owned by the partnership.
The court rejects the defendant's claim that the plaintiff CT Page 9178 misappropriated the proceeds from a mortgage as to partnership property. A witness from New Haven Savings Bank testified that the contested portion of a mortgage placed on partnership property was used to pay off other mortgages to New Haven Savings Bank already existing on those properties.
Because it is uncontested that the plaintiff and the defendant were equal partners in W W Realty Company, the funds created from the liquidation of partnership assets shall be divided equally between them. The receiver is hereby ordered to sell 227 Edgewood Avenue at auction. Upon completion of the sale, the receiver shall put the proceeds in an interest-bearing account and report to the court concerning the sale price, proceeds of sale, expenses of sale, and all other expenses incurred, including the receiver's fee for his services and the cost of the appraisal of the property. The proceeds of the sale of 227 Edgewood Avenue and the other partnership assets listed above shall be divided evenly between the parties after payment of all of the liabilities set forth above and any such new partnership liabilities as may be incurred between the date of this order and the division of the assets.
The auction shall proceed on such a date and after such advertising as the parties may agree upon, or, in the absence of agreement, as the receiver determines to be reasonable, however the auction shall take place before November 15, 1990.
192-194 Winthrop Avenue
The court has previously found that the above property is jointly owned by the plaintiff and the defendant. The defendant lives in one of the three units and has done 80, without paying rent, since the parties purchased the property on December 15, 1986. The defendant paid the down payment and all closing costs and has paid the installment payments due on the mortgage (on which the plaintiff and defendant are jointly and severally liable) from the rents received on the two units not occupied by him.
The defendant claims that the plaintiff agreed to be an owner in name only and that he further agreed to reconvey the premises back to the defendant after the mortgage had been received, without requiring the defendant to assume the whole obligation for the mortgage. The court does not find this testimony to be credible.
The plaintiff claims that he and the defendant agreed to hold the property jointly and that the defendant would retain all rents up to the total of his initial investment, after which the parties would share equally in expenses and profits from the house. While CT Page 9179 the plaintiff claims that rent for Warren's own apartment was to be figured into this calculation, he offered no evidence tending to support this claim. The parties never established a rental value for Warren's apartment, an obviously necessary step if his use of the apartment were to be figured in.
The court finds that neither proferred version of the agreement is credible and that the truth of the matter is that whatever loose understanding the parties had reached or hoped to reach was never in fact a matter of mutual consent and that their relationship deteriorated shortly after the purchase, leaving them with no actual agreement but only joint record ownership of the property and joint obligations on the mortgage note.
In the absence of an explicit agreement as to contributions to jointly held property and where the co-tenants are spouses, the Connecticut Supreme Court has held that there is a rebuttable presumption that all improvements performed to and all expenses incurred for the benefit of the property were for the joint benefit of both co-tenants. Neumann v. Neumann,
Where, as here, the owners are not related by blood or marriage, there is no reason to suppose that they meant to benefit each other. An action for partition is an equitable proceeding pursuant to
A judgment of partition shall enter as to both properties. Judgment shall enter in favor of the plaintiff as to the defendant's cross-complaint.
Beverly J. Hodgson, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.