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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am currently going through a divorce and everything is not

Customer Question

I am currently going through a divorce and everything is not final yet, but I was wondering about a particular pet situation. We were together(not married) when I adopted a puppy and he lived with both of us. I am the one who paid for him. He is under my name and I have all paper work to prove it. Since we have separated she has not let me have him and will not let me see him. Is there anything I can do to get him back legally?
Submitted: 12 months ago.
Category: Family Law
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Until/unless the divorce is finalized, in theory, the assets that continue to be accumulated in the marriage are still marital property.

As such, this puppy can be argued to be communal property if purchased with money earned within the marriage, even if after divorce was filed.

Obviously a puppy cannot be divided. However, one can file a Motion for Temporary Orders, asking the Court for temporary division of assets, including the puppy (or, just the puppy), and the Court would rule on it. One can ask for the puppy to be given to you. The fact that you purchased it and your name is ***** ***** the papers helps (although the puppy is still community property).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 12 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!