Judge rules couple who broke up must share dog

Eric Dare says he deserves to keep Dexter the pug, because he has paid for his care and feeding for six years.

Doreen Houseman wants Dexter, too, and has spent $20,000 fighting for him since she and Dare broke up in 2006. She has testified she gave Dexter chicken soup when he was sick, and dressed him in doggy Halloween costumes and festive Christmas outfits.

Yesterday, a Superior Court judge issued a ruling in the unusual battle that will make at least one accessory mandatory for the 6-year-old dog: a travel carrier.

Superior Court Judge John Tomasello ordered Dare, Houseman's ex-fiance, to share Dexter with her in five-week rotations that will begin promptly at 6 p.m. Friday. Both are residents of Monroe Township.

Tomasello, clearly exasperated at having to spend time settling a dispute over a dog, sarcastically said the arrangement would continue until Dexter "goes to the Great Kennel in the Sky."

Houseman teared up with joy at the ruling, issued by Tomasello in the Salem County Courthouse.

"I'm very happy, very relieved," said Houseman, who lives with her parents. Before the split, she and Dare lived together for seven years in a house they both owned.

Dare, a Monroe Township patrolman, hinted he might appeal. Scowling and standing with his arms tightly crossed, he said he had "a lot of reaction, but I don't know if I want it in the paper."

Now, the pampered tan-and-black pug will have two homes and a strict calendar to keep.

Houseman, who hasn't seen her object of affection for two years, seven months, three weeks, and oh so many hours, said she could barely wait to "have him in my hands again."

The 35-year-old customer-service manager wants to smother him with "a lot of hugs and kisses" when she's reunited with him this week.

When her first turn is up, just before Halloween, the pooch will be packed up and shuttled back to Dare, who lives a few miles from Houseman.

The judge said the rotation could not be modified and the drop-offs could be handled through an intermediary to avoid problems.

Dare's lawyer, James M. Carter, said the judge's decision meant Dare would be forced to continue a relationship with Houseman because of this new dog-sharing arrangement.

Dare is Dexter's rightful owner, Carter said, because Dare "purchased it, paid for his food, and took him to the vet. What she [Houseman] did was dress him up in goofy outfits."

Dare said he was shocked and upset.

"I've had him [Dexter] for six years now and never thought it would come to this," he said.

In the spring of 2007, Tomasello awarded Dare the dog, saying Dare had possession. Dexter was simply property, the judge said, and he then ordered Dare to pay Houseman $1,500, the cost of the pedigree dog, to satisfy her claim.

"Dogs are chairs. They're furniture," Tomasello said, explaining that they are just one of many objects to be divided in a breakup.

But Houseman wanted Dexter, not cold cash. Her lawyer, Gina Colagero, took the case to a three-judge appeals panel that concluded Tomasello had failed to consider Dexter's "subjective value."

The panel said that he was like a family heirloom, or a piece of fine art, and that the judge should retry the matter, giving weight to what Dexter meant to Houseman and Dare.

Colagero said the Dexter decision might guide other courts wrestling with what to do about a pet when there's a breakup. "It's a landmark decision," she said.

On a hot day in July, Tomasello listened to testimony focused on Dexter for seven hours and became exasperated. Both parties "love the dog enough," the judge said, and both were joint owners because they had lived together and raised the dog together.

He asked the lawyers to write briefs on what he should do.

Yesterday, Tomasello said the plan to share Dexter was the best solution.

He took pains to say this was not a "custody arrangement" because, he insisted, dogs are not children and don't get the same consideration.

"He might be cute and furry, but he's still property. He's no more than that," the judge said.

Tomasello also said that when the dog died, he hoped Dare and Houseman would amicably split the ashes and not bring the matter back to court.

"Hopefully I won't be here at that point," the judge said, just before he quickly left the bench, robe flying.