Personal vs Marital property

[luvurself]

What is the name of your state (only U.S. law)? MA

My STBX and I split 6 months ago and he moved out of marital home and now lives with relatives. I live in the home with our children, but he continues to pay the mortgage so that I could save up money to get my own home. I was supposed to close at the end of July, but the closing had to be postponed indefinately because of missing paperwork. This past sunday my sister-in-law gave me a poodle . My STBX is now having a fit because I didn't "consult" him about the dog before bringing him to the house. Today my STBX said that i needed to get rid of the dog or else he will come get the dog himself and get rid of him. I told him that I would not get rid of the dog and under no circumstance is he to come into the house and touch him. The STBX then stated that he could do whatever he wants since the dog is in "his" house. My questions are:
Is the dog considered to be marital or personal property?
Is there anything that I can do (legally) to keep him from taking the dog and keep STBX out of house until I move?

 

[mistoffolees]

What is the name of your state (only U.S. law)? MA

My STBX and I split 6 months ago and he moved out of marital home and now lives with relatives. I live in the home with our children, but he continues to pay the mortgage so that I could save up money to get my own home. I was supposed to close at the end of July, but the closing had to be postponed indefinately because of missing paperwork. This past sunday my sister-in-law gave me a poodle . My STBX is now having a fit because I didn't "consult" him about the dog before bringing him to the house. Today my STBX said that i needed to get rid of the dog or else he will come get the dog himself and get rid of him. I told him that I would not get rid of the dog and under no circumstance is he to come into the house and touch him. The STBX then stated that he could do whatever he wants since the dog is in "his" house. My questions are:
Is the dog considered to be marital or personal property?
Is there anything that I can do (legally) to keep him from taking the dog and keep STBX out of house until I move?

Has one of you officially filed for divorce?
Did either of you request temporary custody of the house?

If you don't have a court order specifying that you have temporary custody, then he has every right to come into the house. If you have a court order, then he can't come into the house.

Missing paperwork shouldn't cause a closing to be postponed for that long. If you were otherwise ready to close, you should be able to reschedule closing as soon as you fill out the missing paperwork.

Aside from the legal issue of whether he can get rid of your dog or not, do you have someone who will watch the dog for a few days while you get your paperwork straightened out? That's going to be a lot less expensive and painful solution than fighting over it.

 

[penelope10]

Another suggestion is that the dog could also be boarded if you can't find a friend or family member to watch it.

 

[luvurself]

Has one of you officially filed for divorce?
Did either of you request temporary custody of the house?

If you don't have a court order specifying that you have temporary custody, then he has every right to come into the house. If you have a court order, then he can't come into the house.

Missing paperwork shouldn't cause a closing to be postponed for that long. If you were otherwise ready to close, you should be able to reschedule closing as soon as you fill out the missing paperwork.

Aside from the legal issue of whether he can get rid of your dog or not, do you have someone who will watch the dog for a few days while you get your paperwork straightened out? That's going to be a lot less expensive and painful solution than fighting over it.

He officially filed for divorce on july 11th. Neither one of us requested temp custody of the home.
The home I am purchasing is a Short Sale and I'm just waiting on a letter from the seller's bank (they move as slow as molasses) and as soon as my lawyers receive it, I can close.

I don't have anyone that can watch the dog.
STBX has NO intentions to keep the dog, he's just trying to give it away to someone.
Can he take the dog out of the home without my permission? And since the dog was a gift to me, wouldn't he be considered my personal property?

I know he can come and go as he choses, that's not the problem. I just don't want him to take the dog.
Any idea how long it would take to get temp custody of the home? Would I need a lawyer to do it?

 

[LdiJ]

Another suggestion is that the dog could also be boarded if you can't find a friend or family member to watch it.

That's a pretty expensive route to go however....particularly if the closing takes another couple of weeks.

Unless the stbx is just being a pain, he is probably worried about damage to the house...accidents...fleas...etc. A summer shave to the dog, a good flea dipping, some monthly flea medicine and keeping the dog in a crate might go a long way to easing the stbx's mind about the dog being there.

 

[penelope10]

That's a pretty expensive route to go however....particularly if the closing takes another couple of weeks.

Unless the stbx is just being a pain, he is probably worried about damage to the house...accidents...fleas...etc. A summer shave to the dog, a good flea dipping, some monthly flea medicine and keeping the dog in a crate might go a long way to easing the stbx's mind about the dog being there.

Yes, you are correct, I was thinking more in the lines of a couple of days rather than weeks. And I can relate to his concern , particularly if this is a puppy or a non house trained adult dog. Good idea about the crate---I use those for the Bostons if they can be supervised and it's too hot or cold for them to go outside.

However, stbx might not be agreeable to having the dog around even if she uses a crate. Generally, in a situation like this, it's not good to take on a pet.

 

[luvurself]

Yes, you are correct, I was thinking more in the lines of a couple of days rather than weeks. And I could see a little bit of his concern, particularly if his is a puppy or a non house trained adult dog. Good idea about the crate---I use those for the Bostons if they can be supervised and it's too hot or cold for them to go outside.

The dog is 3 years old and completely house trained. He doesn't chew on anything nor does he "go potty" in the house.
This a control issue with the STBX. He thinks that since he pays the mortgage and I'm not on the deed or loan, that this is HIS house instead of OUR house.

 

[penelope10]

The dog is 3 years old and completely house trained. He doesn't chew on anything nor does he "go potty" in the house.
This a control issue with the STBX. He thinks that since he pays the mortgage and I'm not on the deed or loan, that this is HIS house instead of OUR house.

No offense, but when I was married (and both of our names were on the deed) I would not have brought a dog into the house unless my now ex had been o.k. with it.

Can your sister keep the dog, for a while?

 

[luvurself]

No offense, but when I was married (and both of our names were on the deed) I would not have brought a dog into the house unless my now ex had been o.k. with it.

Can your sister keep the dog, for a while?

My stbx knew that his sister wanted to give the dog to me because she had asked him about it. When he mentioned it to me, he seemed to be ok with it. But since I didn't tell him that I would actually take the dog, he has a problem with that.
I will see if she's wiiling to take the dog back until I move.

 

[penelope10]

My stbx knew that his sister wanted to give the dog to me because she had asked him about it. When he mentioned it to me, he seemed to be ok with it. I will see if she's wiiling to take the dog back until I move.

Probably wise, one less headache to deal with right now.

 

[majomom1]

My stbx knew that his sister wanted to give the dog to me because she had asked him about it. When he mentioned it to me, he seemed to be ok with it. But since I didn't tell him that I would actually take the dog, he has a problem with that.
I will see if she's wiiling to take the dog back until I move.

That would be the wisest choice, and least expensive!

.

 

[mistoffolees]

That's a pretty expensive route to go however....particularly if the closing takes another couple of weeks.

Not really. My kennel charges $10 per day. If it's a small dog, it would be less.

Let's say it takes 2 weeks to straighten it out and another week to move. Three weeks would be $210 - considerably less than the cost of dealing with what it would cost to straighten it out legally.

 

[Ohiogal]

He officially filed for divorce on july 11th. Neither one of us requested temp custody of the home.
The home I am purchasing is a Short Sale and I'm just waiting on a letter from the seller's bank (they move as slow as molasses) and as soon as my lawyers receive it, I can close.

I don't have anyone that can watch the dog.
STBX has NO intentions to keep the dog, he's just trying to give it away to someone.
Can he take the dog out of the home without my permission? And since the dog was a gift to me, wouldn't he be considered my personal property?

I know he can come and go as he choses, that's not the problem. I just don't want him to take the dog.
Any idea how long it would take to get temp custody of the home? Would I need a lawyer to do it?

The dog could be considered a gift or marital property. Can you prove it was a gift strictly to you? That is up to the court to determine. He can remove the dog without your permission since the HOME is his and is entitled to access it at any time. Temporary custody of the home? Good grief. You would need an order granting you sole possession and that could take a few weeks if not more than a month. Also the home you are buying is going to be considered marital property as well. You really need to be careful about that. You are married. You are buying the house while married.

 

[luvurself]

My stbx and I have joint physical and legal custody of our children. Their time is split 50/50 between us. Can I request that their primary residence be with me?

 

[seniorjudge]

My stbx and I have joint physical and legal custody of our children. Their time is split 50/50 between us. Can I request that their primary residence be with me?

Yes, you can request anything you want in your lawsuit.

But why?

Also, where does dad live? Where do you live?

(I don't mean addresses; I mean do you live close to each other? In the same area? Etc.?)