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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice.
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My parents in law have looked after my two dogs (8 weeks

Customer Question

Hello
My parents in law have looked after my two dogs (8 weeks now) whilst one of them recovers from a stroke. I am separated from my husband. The family are now denying access. I have not agreed to 'gift' my dogs and give them total control. I handed over all the dogs documents because a different and local vet was being used.I have been the main carer for the past 11 years supporting my husband who still lives and works in London 5 days @ week.I can provide proof and precendent that I am the joint owner.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Surely your husband is also a joint owner though?

Customer: replied 1 year ago.
He is. And he is refusing to discuss/negotiate over the dogs.
Expert:  Jo C. replied 1 year ago.

Ok.

The problem with this is that you are not a sole owner. Dogs are property just like anything else however much they mean to us. Dogs that are jointly owned present a real problem.

To recover a dog you would normally seek a declaration of ownership from the county court and a consequent possession order. Since the only order that can be available here is that he is a jointly owned dog the court is likely to order sale and for the proceeds to be divided between the parties. Your husband is likely to resolve that by selling your dog for a pittance to an associate of his, giving you half of a pittance and then recovering the dog himself and returning him to his parents if he chooses.

I'm afraid that jointly owned dogs cannot be recovered normally.

I'm very sorry as I know how much dogs mean to their owners but that is reality.

Can I clarify anthing for you?

Jo

Customer: replied 1 year ago.
Kevin has been in the Police, his father is a retired JP. They are fully aware of their rights. I have researched Civil Solicitors in Stafford area but info on websites is not clear. How do I make a civil claim (Torts Act 1977 Conversion or Double Liability) please? I have been advised to approach parents in law which I have done. This appeared to go well but they are now not contacting me.
Customer: replied 1 year ago.
HOW DO I FIND A CIVIL SOLICITOR ? Most websites do not specify? or do I contact county court?
Kevin has worked away from home for the past 11years and trusted me as the main carer. He still works and lives in London so therefore cannot have the dogs and does not want them. He is seeing them every 2nd wk/end. I think this is to hurt me and not through consideration of the dogs...
Expert:  Jo C. replied 1 year ago.

Yes, it probably is but plain fact remains that he is a joint owner and the order will only be that he sells and gives you half the money.

Expert:  Jo C. replied 1 year ago.

It might have been different if you hadn't handed over the dog as he would be with you and they would be the litigators but that did happen.

Customer: replied 1 year ago.
My dog is 46kg. and initially unable to stand/walk etc.She needed two people to handle her. I trusted them. I never thought they would do this. If I visit them to try and discuss can they remove me from their property/driveway? will I be challenging any law?
Expert:  Jo C. replied 1 year ago.

Yes, I understand.

I'm really sorry but a court is not going to say on these facts that you are a sole owner which is what you need to actually recover him.

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