Legal Question in Civil Litigation in Florida

Dog ownership??

my ex and i have 2 dogs. I have one and she has another. she is claming that I took the dog with out consent. neither one of us have proof who bought the dog. she works at a vet clinic so all the records are in her name. I recently reg. the dog with hillsborough county humane society in my name with my address. She is threaten legal action if I don't return the dog. The thing is we both agreed for me to have one dog and she gets the other, I've had the dog since mid January. I tried to talk with sprint to get text records and they wont give them up unless a supena or laywer contact them.

What steps do I need to take? also what can happen if she takes me to small claims court? can she get the dog? can I be arrested is she says I stole the dog?


Asked on 2/28/09, 8:34 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Dog ownership??

I doubt that the police will get in the middle of this. She may take you to small claims court. If she does, then the judge will decide who to believe. Bring any witnesses that heard her say that the dog is yours.

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Answered on 3/01/09, 3:20 pm
Brent Rose The Orsini & Rose Law Firm

Re: Dog ownership??

If you are married, this is my answer. If not, skip down a bit:

If you bought the dogs after you got married, then the dogs are "marital property," meaning that you both own them equally. Neither of you can "steal" a dog from the other. You'll have to figure out in divorce court who gets which (or both) dogs. All the records you are looking for are probably irrelevant to a divorce judge, since the judge probably won't care who bought the dogs. You both bought them as a couple, not as individuals.

If you can't figure this out between yourselves, a judge will award the dogs as he or she sees fit.

In the many divorces I've handled involving pets, I know that this can be a serious issue. I've even set up "doggie visitation" and "dog support" in the past. Pets are important to people--often almost as important as children. Hopefully, the two of you can work something out.

If by "ex," you mean, "ex-girlfriend," here is my answer:

I very much doubt the police will do anything other than say, "Take it to small claims court." And they're right. Gather as much evidence as you can that the dogs are yours, and plead your case to the judge. The judge probably won't tell either of you to give the dogs to the winner, but will award the winner the monetary value of the dogs the winner doesn't possess.

Also, get a lawyer to help you with that subpoena to Sprint if you end up in court.

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Answered on 2/28/09, 5:00 pm


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