Legal Question in Family Law in Maryland

Division of Personl Property

My question relates to the pet we acquired during the marriage. The dog was given to me as a gift (my ex-husband was out to sea at the time and not even arpund when I got the dog), I have all the medical papers with my name on it and an affadavit from the previous owner saying the dog was given to me. My ex-spouse refuses to give me the dog, what are my options? Can I get the dog back? How else can I prove ownership? If he won't give the dog back, should I / can I get full compensation on what it would cost to replace the dog? Please advise, thank you


Asked on 1/21/00, 11:29 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Division of Personl Property

If the dog was given to you alone as a gift and not to the two of you, it's yours under Maryland law regarding dissolution of property. It never became marital property subject to distribution as part of a divorce proceeding.

If you are already divorced, you can bring a case known as a replevin action in the District Court of Maryland demanding return of the dog. If your willing to settle for money instead, your ex can settle the case by paying you whatever amount the two of you can agree upon.

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Answered on 1/24/00, 5:12 pm


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