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On California divorce form FL-120, do I list my dog as

On California divorce form...

On California divorce form FL-120, do I list my dog as separate property or community property? We bought the dog before marriage in 2013, married in 2014, and on separation in 2016 agreed I would keep dog. But now ex has listed "Shared custody of dog" under "Other requests" in divorce petition.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes ex has petitioned for divorce.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I think that's all the info for now. Thanks

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Answered in 16 minutes by:
3/9/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,296
Experience: B.A.; M.B.A.; J.D.
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Customer reply replied 1 month ago
Thanks

Your Question:

On California divorce form FL-120, do I list my dog as separate property or community property? We bought the dog before marriage in 2013, married in 2014, and on separation in 2016 agreed I would keep dog. But now ex has listed "Shared custody of dog" under "Other requests" in divorce petition.

Response: You need to list the dog as your separate property under the circumstances that you described: purchased before the marriage; per agreement your husband agreed that you would keep the dog.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,296
Experience: B.A.; M.B.A.; J.D.
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Phillips Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you very much!
Customer reply replied 1 month ago
A follow up question: do I need to also respond directly in the '11. Other Requests' box (where my ex requested "Shared custody of dog")? For example, should I write in a request like "Dismiss claims of shared custody by petitioner because we previously agreed respondent would keep the dog." Or better to just leave it blank?By the way, I have a paper trail of text messages and emails to demonstrate this arrangement - he chose to stay in our rent controlled apartment; in exchange I got to keep the dog. We later arranged visitation for one weekend a month, but he broke arrangements every month for about 10 months or so, failing to pick up or return the dog on time or even on the arranged day etc, so after several warnings, I cancelled our visitation agreement. Should I mention all that too, or is all this too much info?

A follow up question: do I need to also respond directly in the '11. Other Requests' box (where my ex requested "Shared custody of dog")? For example, should I write in a request like "Dismiss claims of shared custody by petitioner because we previously agreed respondent would keep the dog."

Response 1: Yes. It would be prudent to do that. Check off the "Other" box and make your comments

Or better to just leave it blank?

Response 2: No, it is not prudent to do so. You should make a comment as to the dog being a separate property in direct response to your husband's claims.

Goodluck with your case,

Thank you very much for the positive rating.

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Customer reply replied 1 month ago
Super helpful, thanks again. Another question. I have to file my response (FL-120) by tomorrow (Friday) because it's 30 days deadline since my ex served me. But do I also have to send my ex my PDD and file the related FL 141 by tomorrow too? I'm tired and need to sleep!! Would love to send and file that later.
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Category: Family Law
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Experience: B.A.; M.B.A.; J.D.

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