Legal Question in Family Law in Connecticut

Claiming/Reclaiming motions

In the start of my divorce, last May, my ex signed an agreement stating I had exclusive use and possession of the house. She filed a motion 1 year later, 5/21/08, for exclusive use of the house with me paying the mortgage. On 6/4/08, she filed another claim/reclaim motion for the motion she filed on 5/21/08. Does this mean that she does not want to go forward with the motions to take the house away from me, or does it mean she is going forward with this? What are the chances she might get the home? She never worked since we were together. Her name is not on the loan for the house, but I put her name on the deed. She has no bills in her name here. Never paid a dime for anything in the house, as I was the sole provider for the family. And she still does not work and now resides in a homeless shelter. We were only married slightly over 3 years.


Asked on 6/12/08, 6:25 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Claiming/Reclaiming motions

The re-claim just means she wasn't ready to go forward with the motion the first time it came up on the calendar. She's ready to go forward this time, I gather. Do you have an appearance in the file? Otherwise you won't get notice of the calendar.

Was the house yours prior to the marriage? If so, with a 3 year marriage she probably has no claim to the house. Technically, she has a claim to part of the appreciation in value since the marriage, but with the market down so much recently, I'd bet there's been no increase in value.

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Answered on 6/13/08, 1:20 pm


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