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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99966
Experience:  Lawyer
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I seperated from my husband two weeks ago and he is sending

Customer Question

I seperated from my husband two weeks ago and he is sending me divorce papers. We owned a pet together before the wedding which my husband is not allowing me to see. I purchase my pet from a farm for his birthday and paid for his living cost when my husband was jobless for 8 months. It's been over a 1 1/2 years we owned him. What can i do get his custody or get a agreement?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying you purchased the dog for your husband's birthday?

Are you saying that you purchased the dog for both of you in honourvof your husband's birthday?

In other words is this it was a gift for your husband?

Customer: replied 1 year ago.
I bought for his birthday before after he proposed me.I purchased him so we can raise him together.
Customer: replied 1 year ago.
At the beginning we were sharing the dog, weekend the dog would sleep over my parents house where i lived and during the week at his parents house. When he lost the job, we decided marley to stay at his parents house so he can give more care but i was paying for his food, vet etc. We both care for the dog, we took for to the vet etc.
Expert:  Debra replied 1 year ago.

The problem is that dogs and other animals are not treated as children by the courts. They are considered as objects sadly.

So your dog is considered the same as any other item you may have bought.

And in this case it sounds like you bought the dog as a gift for your spouse and so it seems that unfortunately the court will likely say that you gave him the dog and so it is his.

If you could prove there was an agreement that you would each share in the dog that would help and perhaps the court would agree to make an order that the dog be shared. But that would be similar to making an order that a painting be shared, just for example.

I wish I had a more optimistic answer for you.

Customer: replied 1 year ago.
Everytime we fought he wouldnt allow me to visit marley my dog. and when i left the house two weeks ago after the wedding, he claims as his dog.
Expert:  Debra replied 1 year ago.

I am sorry to hear that.

Did you see my answer?

Customer: replied 1 year ago.
but how can i prove that? it was a verbal agreement? only friends and family knows that
Customer: replied 1 year ago.
he doesn't have a steady job so not safe to keep marley with him..
Customer: replied 1 year ago.
Even though I paid for the dog's living? Can there be anything done?
Customer: replied 1 year ago.
is it safe to write my husband an email to resolve the situation? or should i get lawyers involved?
Expert:  Debra replied 1 year ago.

It may be best to have a lawyer deal with this. This may scare him because he has no money.

Customer: replied 1 year ago.
he has a steady job now but his salary is 30K and i have beem working since three years my salary is 53K
Expert:  Debra replied 1 year ago.

The court will not care about your income because as I've said, this is not about a child. It is about an object as far as the Judge thinks.

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