Q: My wife and I purchase the dog together. But her name is on the paperwork. I have been the one she is with. Whos dog?
She left the dog with me period I'm still taking care of her. Who's dog is she now? We are going to go through a divorce. I know they're treated as property. I just want to know if because her name is on the paperwork, she can come take the dog from me. I have cared for her taking her to the vet. Etc. Whose dog is she? Please help me. She is threatening the cops being involved and coming to take the dog. She claims I stole her dog period when she abandoned it. Had I not brought her to Indiana with me, who knows where she would be. What do I do now? We are both in the six-month waiting period for Indiana divorce courts. What happens in the meantime? I love this dog. I take care of this dog. I need to know legally what to do not to lose her?
A:
I'm so sorry for this situation you find yourself in. Most likely if the original purchase of the dog is in your wife's name, then the dog is hers. However, there may be some hope for you in this situation.
Ignore her claims that you stole the dog. If she calls the police and attempts to have them force you to return the dog chances are high that if you tell them that you are going through a divorce they will tell her that this is a civil matter and it has to be resolved through the court, which it should be. If you and your wife purchased the dog together, even though it is in her name on paperwork, the dog may still be considered marital property and is therefore divisible in divorce.
How did your wife abandon the dog? Did she leave the state without arranging for its care? Did she let it loose outside and abandon it in a traditional sense? Legal abandonment of property occurs when the owner of the property leaves the property behind and has no intention of ever coming back for it. You cannot steal abandoned property. If you have proof that what she did met this definition you could show that she was never coming back for the dog and you are therefore the legal owner of the dog now.
Additionally, even though your wife may have paid for the dog originally there are other ways of showing that you are the dog's true owner. Do you have vet bills that you paid for? Did you pay for the dogs food, flea and tick medication and toys? Did you have the dog microchipped and is the microchip in your name? None of this is 100% conclusive proof that you are the dog's true owner but it may help.
The only thing you can do in the interim is to gather the evidence and make sure that your dog is in a safe and secure place when you are not home if you are truly worried about your soon to be ex coming during the day to steal your dog. When you file for divorce, you should ask the court for an provisional order to maintain possession of the dog and give all the evidence you have collected as well. I advise you to consult with a divorce attorney for additional help. Good luck.
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