A few months ago my girlfriend and I split up and she moved back home, taking with her a very expensive dog that I paid for when we first started dating. At the time of purchase she was not quite 18, and we did not live together, and we were never married. I have proof of payment in my name, but both of our names are on the papers for the dog and she still has him in her possession which prevents me from going to take him back. I have been told I have to do it legally, but I'm needing to know that there is no way I can lose the case due to the fact that she has him, her name is on the papers too, and she will say he was a gift. Are there any loopholes, or is it open and shut. Also, is there any way I can do this without incurring a lot of court costs?? I know she won't let him go without a fight, although I am sending a preliminary letter explaining my intentions. If anyone knows the laws pertaining to this and can advise, please do, only serious informed answers please. Thanks.
2006-06-29 11:06:30 · 3 answers · asked by raildog 3 in Politics & Government ➔ Law & Ethics
By papers I mean he is registered, and thus both of us are listed as owners. How would I PROVE I didn't give him as a gift? OR better yet, how would she prove I did?? I guess I didn't mention that he is one of a kind and replacement isn't an option for me, thanks, but that isn't an answer to my question. I need firm legal advice and details. Is the fact that I paid enough.... CONSIDER strongly the fact that we were not married, so it is, or at least I was told it is different legally than a marriage. Please advise...
2006-06-29 13:13:13 · update #1
As far as the law is concerned, the animal is property, so the result is going to be the same as if you were talking about a stereo or a car or something else. You have to prove that 1. you paid for it; and 2. you never gave it to her as a gift.
I'm not sure what you mean by "papers"
2006-06-29 13:06:09 · answer #1 · answered by Top 99% 3 · 2⤊ 0⤋
You have a 50/50 chance of winning. As you said, she will say the dog was a gift and you have proof of purchase.
You can take your case to small claims court which is cheap. In a case like this, the judge will either decide based on which one of you is more credible, or, if the judge cannot make up his/her mind, he/she will order that each of you gets to spend time with the dog, assuming that one or the other will sooner or later give up.
The longer you wait, the harder it will be to get the dog back because the dog will get used to her and because she will have fed the dog and paid Vet bills, etc. which may offset part of the purchase price.
My personal opinion is to let it go. Not worth the trouble. Learn your lesson and move on. Whatever you decide, good luck.
2006-06-29 18:16:58 · answer #2 · answered by scubalady01 5 · 0⤊ 0⤋
If you took her to court it would cost more than the dog did, all she has to do is say in court that you bought the dog for her as a gift. Then you will have no rights to the dog under the gift rights in civil court.
Cut your losses and go buy a better dog if you even want one.
2006-06-29 18:13:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋