How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FamilyAnswer Your Own Question

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16181
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

Question about a divorce. In the decree it did not mention

Resolved Question:

Question about a divorce. In the decree it did not mention the pet bought during the marriage. It was in wifes name; however, she left and I have been taking care of pet for 6 months, plus the time she was never around while married. If dog was not mentioned in decree who has ownership?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. If the pet was bought during the marriage, it would certainly be considered a martial asset, something which you both would share a legal interest in. If the divorce is final and she has left, not returning to care for the dog or inquiring about obtaining it and taking it with her, there could be a presumption that it is yours. An argument could be made that she abandoned the property and as a result, you became the sole owner. In an ideal situation, you would be able to reach out to her, obtain something in writing, acknowledging that she does not want the dog and you can keep it. If you did not want to reach out and just leave things alone, you could continue to keep the dog and would not need to turn it back over to her, unless she decided to proceed through court and have it ordered by the Judge. Even then, based upon the facts which you stated above, it would appear that she has not invested any time, care or money into the dog, after all this time and there may be other motives, if she sought the dog. If there are any issues with it being in her name, the court would then have to step in and order that ownership be changed solely into your name.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

So basically leave it like it is. If she pushes and now all of a sudden wants the dog make her take it to court. Prove how she hasnt spent any money on dog (vet bills, food, etc) during time of marriage and especially during our separation. She hasnt even visited the dog since December and the divorce became final June 3. It was today that she asked to see him and threatened to take it to court if I didnt. Just seems odd to all of a sudden care for the dog.


 


If I wanted to get the ownership changed over in court what steps would I need to procede.

Expert:  FamilyAnswer replied 1 year ago.
At this point, you likely would need to go back to court and seek to modify the final divorce decree, since this is something that should have been addressed. There is nothing wrong with being cordial and allowing her to see/visit the dog but if she wanted to take the dog with her, that is a different story, since you have no way of knowing if you will get it back, absent order of the court. You and her can agree to share custody of the dog and split the cost of care but based upon what you described above, she may not be inclined to do so.
Customer: replied 1 year ago.

Ok just wondered, last thing. We probably made a mistake and did a no fault divorce and no property was split in the decree. The only thing in the decree is that she had to pay an amount for half the credit card bills thats it. With it not being in the decree didnt know if she was giving up ownership of dog.

Expert:  FamilyAnswer replied 1 year ago.
There would not be a presumption that she was and she could make the same argument against you, by not having it in the decree. Like I said above, in an ideal situation, you and her could work this out between the two of you and not have to go back or involve the court. If it is not possible, then you would have to go back and likely modify the decree and the responsibility of who will pay what for the dog and who will get it on days and times.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16181
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions