McLaughlin v. McLaughlin

Summary

The Connecticut Appellate Court affirmed a dissolution judgment involving valuation of the marital residence and enforcement of a premarital agreement. The court held that the plaintiff’s long-term occupancy and equitable interest in the residence made her competent to testify about its value, and declined to review the defendant’s alimony claim because it was not raised before the trial court.

Holdings

1. A witness need not hold legal title to real property to be competent to testify about its value when the witness has a sufficient opportunity to become acquainted with the property and possesses a sufficient ownership or financial interest in it.
2. The trial court's finding that the marital residence was worth $400,000 was not clearly erroneous.
3. The court declined to review the defendant's claim that the premarital agreement required an alimony award because the defendant did not present that legal theory to the trial court.

Questions Presented

1. Whether the trial court abused its discretion by admitting the plaintiff's lay opinion testimony concerning the value of the marital residence despite her lack of legal title.
2. Whether the trial court's valuation of the marital residence at $400,000 was clearly erroneous.
3. Whether the defendant's claim that the premarital agreement required an award of alimony was preserved for appellate review.

Disposition

affirmed