Legal Question in Civil Rights Law in Georgia

Dispute over dog ownership

We were given an AKC registered Rottweiller dog from an individual who could no longer afford to keep or provide for the dog. At the time he gave us the dog, he was separated from his wife. This individual cannot locate the papers for the dog so we never received them. It is believed that the names of both he and his wife were on the papers. If found, he is willing to sign the papers over to us and back date. The separation has now moved to divorce filings which both parties wish to keep out of court as neither one has the finances. For over the year of separation, the wife held no interest in the dog and provided no care or financial support for the dog. Now his ''ex-wife to-be'' insists the dog is property they owned and that we must give the dog back to her to be included in the property settlement. If we do not have legal right to the dog, what are our options to maintain ownership of the dog?


Asked on 7/13/01, 10:32 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Dispute over dog ownership

I am responding to your question because you specifically contacted me, although you ought to rely on a GA attorney since your question has more to do with family law and property division than it does with dogs.

If the dog was jointly owned by the marital couple, the husband could not divest the wife of rights to it without some agreement. On the other hand, it seems strange that the wife is suddenly showing an interest in it after such a long time. Perhaps she's trying to get you to make an offer to purchase her interest, which you could explore if you really want to try and hold on to the dog as seems to be the case. The other option is for the husband to offer her another marital asset by way of a set off for the dog, if he's willing to get involved.

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Answered on 7/17/01, 3:36 pm


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