Case Law Friday:
The Austin Texas Court of Appeals clarified the law related to possession of pooches after a divorce in case of Calder v. Calder. The question was who had the right to the dog after the divorce. The dog was bought before the marriage, but by who, asked the Chief Austin Appellate Judge “Woodie” Jones?
Wife Brooke emailed with the dog owner about buying the dog, Chihuahua Clementine, and negotiated the purchase price of $500. Husband Daniel admitted there was never any question that the dog was being purchased by Wife Brookee and for Wife Brooke. Wife Brooke routinely gave Husband Daniel her paychecks to be deposited in Husband Daniel’s bank account and Husband Daniel gave her money when she needed it. Wife Brooke gave Husband Daniel money a few days before Chihuahua Clementine was purchased totaling $948. Around the same time, he withdrew $600 in cash, paying $400 of it to the dog owner. The Austin Court reviewed the law that puppies are items of property in Texas. Because the funds used to purchase Chihuahua Clementine were Wife Brooke’s money before the marriage, the dog belongs to her.
Separate property in Texas is that which was owned before the date of the marriage, or received during the marriage through gift or inheritance.
When asked how much money the husband spent appealing the issues regarding ownership of the dog, the husband’s attorney replied, “Too much.” Um… No kidding.
My grandmother always said, "You know the best way to get over losing a puppy? Get a new puppy!" Of course, she meant that in the context of dating advice, not actually puppies, but still….
See the full opinion in Calder v. Calder.