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Originally Posted by Tinna Thank you for looking it up Angie. It makes me sit back and think though, some bad things were said about her/the auction on that thread if memory serves. She can't be that bad especially if it was her ex husband who forced her to sell them. I'm guessing in Florida birds count as property like that and would be worth a lot more than some of the other assets..... I think he's a vet too I would challange his lisence for this kind of practice. What kind of sick man gets a bunch of lawyers together and makes his wife liquidate her "inventory" for the sake of money? I wouldn't bring my bird's to his practice after that one I side with her. |
I wouldn't necessary blame him without knowing additional facts. As a practicing attorney in Florida, I can advise you that Florida, along with every other State that I am aware of, treats pets/animals as personal property. If the birds were acquired during the marriage (which I would speculate that they were) then it would also be considered marital property. Florida has equitable distribution doctrine in place meaning that the marital property should be fairly distributed to the husband and wife. Assuming the birds were worth $25,000 (plus they were income producing) then under Florida law several options can occur:
Option #1- The wife keeps all the birds but needs to compensate the husband with the value of his half of the birds ($12,500). If she does not have the cash or something of equal value to give to the husband then this option would not work otherwise equitable distribution would not have occurred.
Option #2- just like option #1 but the husband keeps the birds and has to compensate $12,500 to the wife.
Option #3- The birds are divided between the husband and the wife. However, if the husband and wife can't decide how to divide the birds up fairly and option 1 and 2 do not work either, then the Court will be forced to sell the birds (just like sometimes the court orders the sale of the house with proceeds split between the parties) and the proceeds split.
The reason I bring all of this up is because it isn't necessarily the Court's fault or the husband's fault that the birds were auctioned off. If anything, it is both the husband and wife's fault for not trying to reach an agreement among themselves.