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.

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.

From your lips to God's ear sweetie.

I'm sorry he's doing this to you. Divorces do get nasty. I really don't think you have anything to worry about especially because you do have the papers in your name. Can you get a copy of the cancelled check? If not - the breeder should be able to verify that you purchased them. Also, you could try to find some articles about how the 2 pups should stay together - just in case.

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.

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!

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.

Who got the pillows? Please say you did.

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?

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?

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!;)

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.

I do have the receipts and contracts

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....

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

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.......

This is what I would do:thumbup:

Yep...if they were mine, they would disappear until the nonsense was over. And, that is all a divorce is...nonsense.

The only other thing you could do is use something else that he wants as a bargaining chip. You keep that...and I keep the pups.

Good luck...divorces are ugly and the only people who really make out are the attorneys.

You said that you are friends with both breeders so talk to them and see if they can "buy" them back until after the divorce a lot of breeders will take back there pups if there is a problem and then you know you can trust them not to tell your husband whear they are

This is such a horrible situation. Divorces can become such a mess! I, being only 21, really have no experience with divorce though, but I will keep you in my thoughts and I really truly hope you get to keep YOUR babies! :)

I am so sorry you are going through this. Why are men sometimes such idiots and so spitefull? I will pray for you and your little furbabies. I agree with the others see if you can sell them to a friend or the breeders until all is said and done.

Well the idea of selling them per say is this they have never been without me.I am on disability so they have been with me 24/7 since 12 weeks old we sleep together eat together play together all day every day they cry if I get out of their site I dont think I can be apart from them they are my life line now too what if the grieve themselfs and I loose them anyway I just love them so very much.They are the first kiss I get when my eyes open and the last kiss before I sleep.

Do you think he is just trying to put you over the edge with this? I am sure he knows the amount of work that goes into the care of these Baby's and probably has no intention of taking that responsibilty on. I hope for your sake he is bluffing. Hang in there.:aimeeyork

Also we have 2 dashounds and 3 cats.I offered the 2 dashounds to him for the yorkies but he will not think of it.Its my heart he wants not the babies.

Will this go thru mediation?

Well papers filed at court house on the 18th but wont be served until restraining order is drawn up also since he is still in the home.I think the plan is to serve him divorce and restraining order at same time at work to prevent him from coming back here since this has been a domestic situation in the past and the fact that he has removed over 80 firearms and other valuables from the home already in the last 3 weeks.Hiding the firearms because I inherited them last year from my aunt and they are his dream but my family history they are some of my grandfathers and even 2 from my great grandfather but worth more than half the value of the house

:(
I only hope he wouldn't sneak in your place and grab it from you! He can always say your yorkies run away and there's no place to be found. Don't let him have that chance to hurt you..

Which of course he wants that too.You know maybe I am just beening unfair.He only wants half the house all cars which is 3 my yorkies all furniture and appliances and the guns safe and tools lawnmower etc.OMG

I'm sorry I read this over and over, I don't understand why he did this to you! :(
Best of luck!

That's a great idea!!! If you can't get your doctor on board, if you could bear to be away from your babies (I read the reply about being with them 24/7...) until this mess is over, it would ensure that they will stay with you after your divorce is final. besides, you could always go visit them - it's not like your soon to be ex needs to know where you are...

This sounds like a sticky situation but it sounds like you've gotten a lot of great advice.

Hold your head up high :)