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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience:  Over 5 years in practice
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i bought a dog from my husband we are now separated and he

Resolved Question:

i bought a dog from my husband we are now separated and he has moved out.the dog has stayed with me because the flat he lives in wont allow pets. I want the dog to stay with me he is saying that once he gets permission he will take to dog with him. Please can you help? who has rights. He registered him with the Kennel club but i paid for him
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
To whom is he microchipped?
Customer: replied 2 years ago.

he will have been microchipped in my husbands name

Expert:  Jo C. replied 2 years ago.
How is he?
Customer: replied 2 years ago.

do you mean how old is the dog? 9 months old

Expert:  Jo C. replied 2 years ago.
That is not good news I'm afraid.
However much dogs mean to us they are property like any other. This will come down to a dispute over property.
Ultimately the dog is microchipped to him and registered at the kennel club. Dogs can be abandoned obviously and then ownership changes but this is a young dog and he has left him for a good reason. It would not be long enough to prove abandonment.
If you are saying that you paid for him then that would change ownership but you will have to prove that. The circumstances might need some amplification too. It seems an odd thing for partners to buy a dog from the other.
If you are saying that you didn't do that but you just paid for the dog then that doesn't change ownership.
The risk with couples though is that courts will generally say that the dog is a joint asset of the marriage and order that he be sold and the profits divided between the parties. That is not generally what either side wants although it does encourage negotiation if people think there is a risk of that.
It really comes down to whether or not the payment amounts to a transfer and if so can it be proven.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience: Over 5 years in practice
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