(CN) – A Chihuahua caught in a divorce battle was correctly awarded to the wife, a Texas appeals court ruled.
Danny and Brooke Calder bought Clementine the dog three weeks before their 2006 wedding. Brooke wanted a dog to keep her company while her husband worked.
Both parties agreed that the dog was not marital property; they disagreed over whose separate property it was. The couple commingled their funds before the wedding, with Danny, Brooke and Danny’s parents all adding funds to the account before the nuptials.
The trial court ruled in Brooke’s favor, as she claimed that Danny would only allow her to purchase the dog if she used her own money.
Chief Justice Woodfin Jones of the Austin-based Third District Texas Court of Appeals affirmed.
“Giving due deference to the trial court’s credibility and weight determinations, we conclude that the evidence was legally sufficient to support the trial court’s judgment,” Jones wrote.