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Ask Harris Your Own Question

Harris, Law Specialist
Category: Law
Satisfied Customers: 2646
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a civil dispute involving family dog and an ex

Customer Question

I have a civil dispute involving family dog and an ex partner. She left 8 weeks ago and took the dog with her, promising we would share the dog over the week.
She has not kept to that agreement and since returning to collect the rest of her belongings, she has taken all paperwork associated with the dog. We are both named on the vets, I paid for the dog and also took her to vets when needed.
We bought this dog when we sadly lost our previous dog in an accident and both relied on the dog emotionally.
It has been 8 weeks since I saw our dog and she has not kept to our agreement which I have proof of.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Whose name is ***** ***** registration certificate and who paid the licence fees for the dog?

Customer: replied 1 year ago.
Unsure of name as she has taken all the paperwork but can only assume both of us. Payment for fees and vets came out of a joint bank account.
Expert:  Harris replied 1 year ago.

Thank you. If no agreement can be reached between you, you will need to pursue a court application. The dog is regarded as a "chattel" which is an owned item. The claim would be for:

  1. A declaration of ownership, and
  2. An order for the return of the dog, and
  3. An order for damages for wrongful retention of the dog

The Court will consider many factors including who bought the dog, whose name is ***** ***** who is the one who actually looks after it. A Court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared. Another alternative, would be for the Court to order shared ownership and direct for there to be an arrangement.

The court application can be submitted to your local county court under form N1 and a £355 court fee.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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