Houseman v. Dare

405 N.J. Super. 538 (2009)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D had a relationship for thirteen years. In 1999 they purchased a residence, which they owned as joint tenants and made their home. In 2000 they engaged to marry, and in 2003 they purchased a pedigree dog for $1500, which they registered with the American Kennel Club reporting that they both owned the dog. D decided to end the relationship. D wanted to purchase P's interest in the property. P signed a deed transferring her interest in the house to D. When she vacated the residence she took the dog with her. P left one of the dog's jerseys and some photographs behind. P let the dog visit the house and eventually when P went on vacation, D watched the dog and refused to return it. P sued D. The trial court's pretrial ruling foreclosed P's claim for specific performance. P testified that D verbally agreed to let her have the dog. D did not deny the express agreement but implied that no such agreement had been made. P stated that she wanted the dog agreement in writing but that D assured her that she could trust him. The court found P's testimony to be 'extremely' and 'particularly credible.' The court concluded that D took unfair advantage of P by giving her only $45,000 for her interest in their residence. The court awarded P $1,500 for the dog. P appealed.