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Submitted by MIC on Feb 24, 2011 - 10:55PM
This is the exact situation I am starting right now with my ex. Do either of you have any advice?
Mic, I empathize greatly with you as my situation also seems quite similar. While I have little discretionary income to afford a real attorney, (been disabled the last 3 years) I contacted ASK.COM (no offense Legal Zoom) to acquire advice on the case. Initially, their position aligned with the State Of Texas Common Property Division Standards. However, she and I were not married, even by Common Law Standards that would be hard to prove so at best, we were eventually just housemates. Then I moved out but had not bought my dog yet though she retained possession of the remaining 3 cats and Pedigree Dog. It was over a year and a half before I was evicted from by apartment due to sudden financial difficulties and her offer to stay there with NSA (since we weren’t dating even remotely - different rooms etc) for a few months was my best and only offer. I had purchased my own AKS Pedigree dog while we were not together. Of course my XGF fell in love with my dog that was then 11 months old. I raised her; paid pet bills etc the entire time without living there and then paid those plus hers and food etc., grooming et al while I was there for the next 4 months. An evasion of my privacy was breached by virtue her breaking into my mobile phone and found some rather difficult/compromising data, not expecting I guess) - without any real provocation, a small portion of my belongings were tossed out into the street, almost neatly but no access since then to any of the animals. It’s been 5 weeks and my dog is scheduled for various vaccinations, actually as a direct result of her inaction to allow at a minimum some visitation, the pet may indeed begin to suffer the effects of the omission of that plan of care for which I also pay a modest monthly fee for routine exams and discounts. Every single receipt without question shows me as the rightful owner of this pet. IMHO this is still in the best interest of the dog to come home with me. Time is of the essence especially because of the impending Veterinary skipped visits; the X barely recognizing that I am speaking, paying no attention with the exception to the left jaw and face from her fists upon her departure.
I could go on with this but time is late and I am sure you get the rest of the situation. If anyone has any course of action available, please help. Since we do not even qualify for divorce under the Common Law Statutes, I am curious if that has any bearing other than what I brought there is still mine and in a few days I can/should report the dog as stolen.(knowing the address of course having lived there)This will be sent tomorrow based on the JOTP guidelines. This is where LEGAL ZOOM might be able to be of some assistance in the draft of that letter. Soon after wards, I will send my version of return/receipted registered letters. (Stating what my demands/requests are, needs, expectations for a timely return of the property etc) Specifying a somewhat countdown coordination period, must elapse and without a reply to address any concerns I can head to the house, papers in hand and if the JOTP can verify than she must surrender the dog at their and can assist my owner ship on the spot - True or false!?