Q: Can I get a dog back from my ex wife if I was the one who originally paid for it?
I got divorced in August of 2020. We had 3 dogs while married, one of which I bought from my best friend. When my ex and I sat down to go over our belongings, and who gets to keep what, we had an agreement that she would keep two dogs, and I would keep the one I paid for. This was a verbal agreement. I messaged her towards the end of 2022 to tell her I was ready to pick up my dog by the end of the year. She told me straight up that I can’t have my dog back, so I need to know if I have any legal recourse. My best friend that I purchased the dog from can vouch that I purchased the dog from her for $300. I would like to be able to have my dog back in the near future, but I know if I try to go pick the dog up at her parents house, they will do anything to keep the dog and to not let me have her back. Is there a way that I can have them served paperwork that forces them to return my dog to me? My dog is located in New Mexico and I am unaware of my rights in this matter.
A:
If your divorce was in Nevada you can file a motion requesting her to return your dog that was purchased from your friend.
Filing the motion does not mean that you will automatically be awarded the dog but it will give you the opportunity to have your request reviewed by the court. Per the above, you would want to include your proof that the dog was purchased by you. Facts that could go against your argument is the amount of time that has passed, how long has she held onto the dog before you asked for the dog back, if she has paid for significant things for the dog ( vet bills) that there is no written agreement and that the dogs were not included in the divorce decree.
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