If you do not ask for a dog in a divorce,afterthe divorce is final can you go to civil court and sue for possession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you do not ask for a dog in a divorce,afterthe divorce is final can you go to civil court and sue for possession?
I have been separated from my husband for about 1 1/2 years but our divorce just became final last month. When I moved out, Itook my Yorkie with me. My ex originally had it in the divorce papers that he would get her. I refused to sign as long as that was in there because she was a gift to me. Now that the divorce is final, he is threatening to take me to civil court if I do not turn her over to him. He has had her AKC registration and her microchip registration changed to his name. Does he have a chance to get her?
Asked on June 8, 2011 under Family Law, Mississippi
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Really the issue should have been decided in the divorce agreement so as not to have to deal with it later on. But what is done is done. Be aware, though, that the court could still rely on the law as it relates to interspousal gifts to decide the issue. It is my understanding that gifts given during the marriage are generally considered to be separate property in Mississippi. Your ex probably has the bill of sale for the dog and that is why he had the info changed on the chip.But the bill of sale does not mean that it was not a gift. He is going to try and take you to court regardless and you should be prepared to prove your defense: gift given during marriage. Witnesses to the event, a birthday card indicating the dog was a gift - whatever. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.