I am so very sorry that you are going through this.
I really am at a lose for words.
The only thing I can do is keep you and your furbabies in my prayers.

Crazy thought. If you can't get a statement from your doctor, what if you "sell" them back to the breeders. What I mean is, speak to both breeders and as painful as it might be, explain your situation. Tell them your reasons for having your babies and how much you love them, and then ask them if they would buy them back but on paper only, as long as some money is exchanged ($1) and it is written somewhere (a contract) it is considered a sell. Now you can "foster" those cute babies. They can live with you, and your ex can't go after them, they aren't technically yours. Get it? ;) I bet you anything your breeders as yorkie lovers will give you a hand. If not them then a family member or a really close friend. I'll do it if you want, as long as you take care of them for me. :D Like I said, crazy thought.

thats actually a good idea, its called a loop hole, meaning a way round the situation so your hubby , soon to be x , can't get them:thumbup:

It is not a good idea to "sell" the yorkies to someone else. Under the law, this would be considered a fraudulent conveyance. It is a much better idea to enlist the help of your doctor. In addition, be prepared to show that you bought the dogs and are their sole caretaker. It sounds like you acquired the yorkies after the breakdown of your marriage, i.e., after you began living separately in the same home. This should help, too. Although the CA case cited by another poster provides a helpful, common sense way for the court to resolve this issue, it is not binding on TN courts. I'm sure your lawyer can find some TN law on point. If you are not represented due to a lack of resources, please consider contacting a local law school. Law schools often operate student run legal services under the supervision of licensed attorneys. They can be very helpful.

Good luck to you and your little yorkies!

:aimeeyork:aimeeyork:aimeeyork

Again, don't know how the law applies in your specific state, but many times inheritance of family heirlooms (your guns) are not community property. He would have to return them. If they were sold, it would be fraudulent (he's not the legitimate owner), and they would have to be returned.

As for the dogs, as more of the story comes out, I don't think you have a problem. The dogs were required as a result of doctor's orders for YOUR HEALTH. They were purchased with YOUR PERSONAL FUNDS. They are registered IN YOUR NAME ONLY. You are willing to give up two community owned dachsunds for the Yorkies ... he only wants them to effect further damage to you.

Neither a mediator nor a judge will let that stand. Your disability will take precedence.

IMO, do not try to hide them. That will weaken the case that they are required for your health. You could also be accused of trying to hide assets - which he is already doing. Let all the malfeasance be on HIS side, not yours.

Good luck ...

:thumbup:

Sounds like you have some work cut out for you. You should track down all and any paperwork (will/attornery handling it or executor of your aunts estate) and show true ownership if the guns and other items that YOU inherited. If the cars are in both of your names, who paid for what--should also be considered community property, as well as house, so why should he get it all?

Then I would definitely talk with the doctor(s) and get them to help.

It amazes me how people can become such "so and so's" during a divorce. Best of luck to you. Hugs.

I understand people's concerns about laws, but in my experience the person who hides things often, almost always, gets away with it. I have zero faith in family law. My ex-husband forged my name and sold our car...purchased another car in his name and got away with it. Oh, it was used as a bargaining chip to get another vehicle for me, but did he get into any issues because of it? No! No one cared. And he walked away with a BMW while I got a used POS.

Again, if I had even a small idea that my pups were going to be split up in a divorce, they would be gone. I would not toss it up to chance because that is what you have....a big gamble. You never know how a judge will rule.

I'm always sorry to hear about someone married for years & splitting ...22 years is such a huge chunk of your life...but just to add a little advice for the future - please be careful what you say on public sites .... If he knows you post here and something gets said that can be used against you - best to keep it off public sites...I've heard of people using the net as a weapon in court.

I can't see a man doing this unless he really loves them and if he doesn't - he shouldn't be doing this - it's mean. But divorce does that to people doesn't it ?

Wishing you all the best.

:thumbup::thumbup::thumbup:

I have never been through a divorce before. With my dealing with the court(foster parenting) you will need a paper trail. Keep everything no matter how small you think it is. Then get a WOMAN lawyer.lol

I was in a similiar situation 16 years ago fighting for my dog's. Our battle for the dogs went to the judge. The judgement went in my favor and hear are the reason, I was the primary care giver 90+% of the time which I gathered proof before court. I took them to the vet, obedience class and the groomers and obtained personal statements from neighbors, service people and friends stating who had the best inerest in the dogs. The judge was not concerned with who funded and supported funded the dogs. The dogs can't speak so others need to speak for them. My x was just trying to be cruel and I think the judge figured that out. Good Luck!!!

It sounds like she has a good chance of winning this one! I am glad the judge ruled in your favor. :thumbup:

I too do not think you have anything to worry about. I think the judge will see this for what it is. He/she will see who truly owns, loves, and NEEDS these dogs.
With that said...if worse comes to worse...and you fear you could really lose one or both of these dogs to him in the judgement...there is one thing you can do for a little insurance...just incase. Both dogs are AKC registered, and are in your name only...correct? You have the right to give or sell co-ownership rights to anyone you please. Choose someone who you completely trust (very important)...and make them co-owner on the AKC papers. A sister or brother, a mother or father. The key is someone you trust completely. Someone who you would want to have the dogs if something were ever to happen to you.

For that $20 registration fee..the dogs should be completely protected from any judge awarding them to your husband as they would be legally co-owned by a 2nd party.

OOOOOOOO! *TRICKY* I like the way you think ... perfectly legal, too.

Update to all well today was a day of all days.At my house today was 6 car loads of police that he by the way call via 911.Needless to say he is in the county jail tonight for domestic violence/abuse.He is to be in front of the judge in the morning in which I will be asking for an order of protection.Please pray for me this has been a bad relationship for 20 years but we stay per say for they kids but he is so bitter at this point it is impossible to live in anymore.Will be asking my docter this friday for which I made the appointment for the script for my babies wish me luck there too and for all the advise God bless you and thank you so very much.I will remember this site in future life situations lol there are so very smart and wise folks here.Love ya all and ty again.Will post update after court tomorrow.

You are in my thoughts and prayers, please be careful...I don't want to scare you, but a piece of paper doesn't make things stop...there is a new thing they are doing in TN, I think just passed, where they make the abuser wear an ankle bracelet, so they know where they are at all times...if you ask for a PPO, ask about it... take care, be safe!

Just wanted to say that I hope court went ok for you today! You are in my prayers!

Im so sorry you are going through all this. and wanted to say please be safe. Is there any where you and your babies can go stay for a few weeks?

For court I would take statements from your Dr saying you need these dogs.
also the AKC papers thats in your name & the contract and a statement from the breeders.
A statement from the vets saying you are the one that brings them in for their care and you are the one that pays them for that care. That you have took care of these dogs 100% of the time.
I would also mention to the Judge about his domestic violence/abuse and the fact that he only wants the dogs to hurt you.
I would not even let him have the dash hounds or the cat. how does he act around these animals. do you think that he would hurt any of them? If so id bring that up to the Judge to.

as for the firearms and other things he is taking from the house. Go fill out a Police report. report them stolen. he had no right to get rid of them or hide them with out your permission.
take the police report to court with you. also explain you were living in one part of the house and him in the other.

Good Luck and keep us posted. Praying you get to keep all your babies.

Oh my....what a day you had.
I hope you are ok.
Please stay safe.
I will keep you in my prayers.

This is how divorce works in TX. Men can forge their soon to be ex's name and get away with it. I don't care what anyone says, in Texas men usually come out ahead. I agree with LadyJane, if I thought my puppies would be split up and not go with me, they would be gone. Although I do recall a man taking his wife's sewing machine and when the judge found out, HIS attorney told him to give it back. I don't think that would work for dogs.

GEEEZZZ Your story makes me so angry!!! How dare he! Your Ex has got a lot of enemies on Yorkie Talk... I really don't think a rational thinking judge would let your ex take your dogs. Besides, like everyone has been saying you have your papers, you have your receipts all the paper work is in order. What "ownership" does he have? Does he even know their names?! You could get a letter from your therapist and your breeder friends which will give you more of a foot hold. You could also argue that he will not care for your babies as you have because the only reason wants them to hurt. Therefore, it's in the dogs best interest that they stay with you. What about a letter from an animal behavior specialist about how these dogs can't be separated? Good luck Yorkie friend! keep us posted. :)

Well back from court an order of protection was ordered today requiring him not to be anywhere I am if I am in wal-mart and he see's me he must leave but the funny thing to me is this if you have an order of protection you are not allowed to own or have any weapons so now I think omg what will he do now with all of my inherited guns he has already stolen.I will just have to let my attorney find them lol he is only charging me 7500-10,000 for this so wow

Oh my! Your soon to be ex sounds scary. Please stay safe. I hope you are okay phsically and mentally. Sending big hugs your way.

Melissa

God bless each any every one of you for your kind words and wonderful advise.I am so blessed to have found this site with such supportive people thank you so very much.Love ya all.

Your lawyer KNOWS your husband has stolen the guns, right? Can he be forced to turn them in to the police pending disposition, especially since he has the TRO on him? On second thought, maybe they need to go somewhere else ... I know around here, once the police get their hands on a gun, they don't want to give it back, even to it's rightful owner. As far as they're concerned, they got 'em off the street, and they don't want them getting back out there. Check into it.

But, NOW I'd be afraid ... he's ticked off, has a history of violence, and is armed. Don't let the animals outside without you being with them. At this point, I'd fear poison ... It's very likely he'll do anything to hurt you.

You don't need this ... I pray he sees reason soon.

glad that today went you way, but like others have said, it sounds like he will do anything at this point. Not to scare you, but you said that it was impossible for you to continue to live this way any longer...he knows this and probably does not care one bit about any consequences. Please be careful and if you have somewhere to go, please consider it and protect your babies as he knows that they mean the world to you. Sending you big hugs and lots of prayers.

I know that you dont know me, but my hubby and I have been following your posts, and he says that TN isnt a far drive... He'd be happy to do some @ss kickin for ya! Please let me know if there is anything you need, even if its just a friend to talk to!

My parents done the same thing when they split. My mother got the dog and took care of him all during the separation. She got the dog in the divorce. Good luck I'm sure you will get your babies. I also live in TN. and so did my parents.