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03-22-2010, 05:21 PM | #1 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| Please,What can I do? I will try to make this short and sweet.I have filed for a divorce after 22 years of marriage.Our children are now 21 and 19.We have been living together in the home but for the last 2 years we live on different floors even.I was told by my docter to get myself a yorkie so I did and then quess what I got another lol.They are all that I have now kids are gone husband been gone and now he is so very angry and is asking for my yorkies in the divorce to hurt me and trust me it will be to much for me to loose I am afraid.My yorkies are 11 months and 8 months old now.How can I keep them in a divorce since I live in Tn it is 50/50 split and they can not be split up they have to stay together. I paid for them out of my own personal monies and the AKC papers contain only my name no joint or shared ownership. |
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03-22-2010, 05:27 PM | #2 |
YT 500 Club Member Join Date: Jan 2010 Location: TX
Posts: 646
| I don't think he has much to go by, and I'm sure if you have a good lawyer he doesn't have much of a chance.
__________________ XOXO JiJi , JiJa Lil' Man and Mommy |
03-22-2010, 05:30 PM | #3 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| From your lips to God's ear sweetie. |
03-22-2010, 05:34 PM | #4 | |
Mia, Max and Moe's Mom Donating Member Join Date: May 2006 Location: Las Vegas, NV
Posts: 4,403
| Quote:
I don't know why men have to do things like this. My first fought over a couple of floor pillows that my x-SIL made for me!? Crazy! Just hold your ground and keep loving on those little ones.
__________________ Connie Mia Max Moe | |
03-22-2010, 05:35 PM | #5 |
YT 500 Club Member Join Date: Jun 2009 Location: Kuna,ID,USA
Posts: 557
| I'm not a lawyer, but 90% of ownership is actual posession...just saying...If you are the only one on the papers, I would say you have quite a lot of ammo. My strongest suggestion would be to NEVER leave them at the house with him, or even go as far as to not leave them alone - period. If you need to work or something, I would take them every day to a friend or family member that you know will not hand them over to your soon-to-be-ex husband. I wish you the best of luck!
__________________ Sandy: Joey & Tank's Mom Jackson Ryan |
03-22-2010, 05:35 PM | #6 |
YT 500 Club Member Join Date: Dec 2007 Location: Land O' Lakes, FL
Posts: 735
| I am so sorry ... I'm not a divorce attorney, and I have virtually no idea how things work in Tennessee, but if you can prove the pups were purchased with YOUR money and they're registered in YOUR name only, then I think you would be able to keep them. Alternatively, perhaps you can give him something of equal value in the 50/50 split of your other property? One of the dogs would be yours ... so you would only have to "pay" for one. It has never ceased to amaze me how someone you once loved - and loved you back - can turn into such irritated hemorrhoid when it's time to part. |
03-22-2010, 05:40 PM | #7 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| Who got the pillows? Please say you did. |
03-22-2010, 05:45 PM | #8 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| Ok what if I had my docter to write a script for them as emotional support dogs which would make them my service dogs but then I think that the judge may look at my case different and not in a good way but I was just running things through my head trying to find a way am I thinking to hard lol? |
03-22-2010, 06:03 PM | #9 |
Donating YT 12K Club Member Join Date: Jan 2006 Location: Council Bluffs Iowa
Posts: 12,552
| Id the AKC papers say the dogs belong to you I don't think he has a chance in hell of winning them. Do you have reciepts or canceled checks that show you paid for them? |
03-22-2010, 06:11 PM | #10 |
No Longer a Member Join Date: Jan 2009 Location: Maryland
Posts: 2,410
| Why are men such idiots? If they are in your name, and you are one who purchased them, has taken care of them, and pays for them, I honestly do not see how a judge can give them to him; especially in consideration that you got them essentially after you two had already split! ....by the way, I have an old woodchipper that might just fit a 180lb hunk of useless wood if you stick it in head first! |
03-22-2010, 06:18 PM | #11 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| Omg ty you made me laugh out loud I really needed that I have cried for days.I paid cash for both but I know both breeders would say that I did we have remained friends since they are the reasons I have my babies today. |
03-22-2010, 06:19 PM | #12 |
Senior Yorkie Talker Join Date: Sep 2009 Location: Greeneville,Tn
Posts: 90
| I do have the receipts and contracts |
03-22-2010, 06:27 PM | #13 |
threadkillin' 6 pack Donating Member Join Date: Jun 2009 Location: USA
Posts: 1,242
| Tn being a community property state, it really doesn't matter who paid for what or whose name is on what. And as far as living apart, as long as you were legally married the property is still community property unless you had a legal separation spelling it out otherwise. However, you said that your doctor is the one that suggested you get a yorkie. Can you have your doctor swear to that in a statement? That would carry a huge amount of weight as to the whole purpose of obtaining the dog was for YOUR well being and nothing to do with your husband and therefore the dog should stay with you and as a set, should stay together. If you can't get that, do you have a friend or relative that your husband is not familiar with that you can 'sell' your dogs to, right now? Once the dogs have been 'sold' and you can't get them back there isn't much the judge can do, now is there.... can't give hubby something that you don't have. Seriously, once in awhile you gotta do what you gotta do, including looking wide eyed and innocent at the black robe and saying I sold them because I needed the money and I don't know the people I sold them to and I can't get them back....
__________________ lorelei, wife to gerry , momma to bear , baxter ,baby and bug |
03-22-2010, 06:28 PM | #14 |
Crazy about Kacee! Donating Member Join Date: May 2005 Location: Kansas
Posts: 21,173
| One of the first cases to consider the propriety of an award of the family pet to a party in a divorce action was Ballas v. Ballas, 178 Cal. App. 2d 570, 3 Cal. Rptr. 11 (1960). In that case, the wife was granted a divorce on the grounds of cruelty. Her single complaint on appeal was that the court erred in awarding a Pekingese dog and a Volkswagon to the husband. The wife's evidence was that, although the dog was acquired during the marriage, it was purchased with her separate funds, titled in her name, and remained in her possession up until the judgment of the court. The husband had no evidence that the dog was community property other than his listing it as such. On this basis, the appellate court reversed the trial court, holding that "it is immaterial whether the dog was community property or the separate property of plaintiff." 3 Cal. Rptr. at 13. In other words, the court awarded the dog to the wife be cause she was the one who cared for it. Clearly, if the court was stating that property division principles were irrelevant, the court was employing a best interests of the dog test. Divorce Source: WHO GETS FLUFFY? DIVISION OF PETS IN DIVORCE CASES
__________________ Karen Kacee Muffin 1991-2005 Rest in Peace My Little Angel |
03-22-2010, 07:10 PM | #15 |
Donating YT 3000 Club Member Join Date: May 2008 Location: Kenmore, Washington
Posts: 3,299
| It might depend on the laws in your state. Although Washington is a community property state, if you pay for something with separate funds then it would not be considered "community property" i.e. funds aquired before marriage, inheritance etc. Of course you would have to prove this with a paper trail. This would include a paper trail of the purchase but because you paid cash,it would be very difficult to prove that you paid with your separate funds. Even so, I hope his attempt to hurt you does not work out and you get to keep both of your babies. Good luck.......
__________________ JoanneGracie and Izzy Wag More...Bark Less |
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