DOG LOVERS. I need help... Please read this ....?

Question

Hey, I have posted about three questions on here all pertaining to me getting my dog back that my ex-GIRLFRIEND, not wife, took from me. I bought him, I have proof, but both of our names are on his title. I have three other questions on here so I can get as much good info as I can, and I've been adding details and answering the specifics that everyone has asked for. If you have some legal background and can help me and my dog out, I would really appreciate you reading all this and telling me how to proceed and if I can win in court. Any tips or legal insight would be much appreciated. He is a beautiful, one of a kind dog and he deserves to be with me and his other buddy. Thanks a million for any help, I know the other questions have a lot of detail, but it is just to clarify the situation. Small claims will not work for this. Thanks....

Ok, maybe I'm not making this clear. I bought him, 100%. Because I did, and I have proof, I don't want to hire a lawyer and spend a ton of money. That is why I am trying to get some answers here, so I have knowledge while representing myself.

Answer 1

I posted this on one of your other questions, but just making sure you see it:

Here's my two cents:

You bought the dog from the breeder. Breeders have VERY good memories when it comes to the people that they sold their 'babies' too. Did you tell the breeder that it was a gift? Or did you talk about how excited you were to have this puppy? The receipt is in your name, and it was purchased BEFORE you lived together.

Also, by 'titled' I think you mean "registered". Since you mentioned the dog is a purebred, it probably came with papers, and you registered it with the AKC or something like that. That in and of itself does not prove ownership so much. It just shows that this dog is an AKC registered purebred, and it was registered under John Smith and Jane Doe.

Were you the one that paid for all of the vet visits and food? Any receipts for that? Whose name is the dog under at the Vet? My 'babies' are under my name, and my fiance's cat (that I bought for him 3 years ago) is under his name. No reason for doing it that way, we just did.

Is the dog current on his heartworm medication? What about flea & tick (Frontline, etc)? This is a MUST for any dog. Not necessarily the flea & tick, but DEFINETLY the heartworm. If your dog isn't on heartworm medication, then she is not taking care of him.

So, in summary: You have the receipt from purchasing the dog. If the breeder remembers that this was NOT a gift, great. If you have vet bills in your name showing YOU paid for them, better. If the dog is not currently on heartworm, and possibly Frontline, THAT'S your ace in the pocket. The dog isn't being properly cared for.

That's just my opinion. Do with it what you will. :)

Answer 2

I have been the legal advisor to several clients as well as a large bank. I am not an attorney, but I do know a little.
As far as the papers, if her name is on them, it does give her the legal right to possession of the dog. If she says it is a gift, just as you would have to prove it was not, she would have to prove it was. You cannot just go down there and take the dog, she could have you arrested, unless, of course, the dog is outside and it comes to you on it's own.
Small Claims is for monitary issues only, so only go that route, if you just decide to get reimbursed for the cost of the dog.
This is, HOWEVER, a civil matter between the two of you, and if you cannot come to an arrangement without the court, look into a mediator, they usually work with the courts, but you do not have to go to court to have the assistance of one. If she does not agree to this, or it does not work, then your only options at that point is to 1. take her to court, not small claims, to try and prove your point - you will have a 50/50 chance (and the thing with seeing who the dog will go to is a load of crap, it is something they created for t.v. to make the watching audience go OOHHH.) or 2. Forget about it.
I know you don't want to forget about it, so try the other options first. Do you have any witness that heard her make statements, or indications that she would return, when she left with the dogs?
This may help, if you take her to court.

Answer 3

Her name and your name being on the title gives both of you joint custody of the dog. If you can prove without a doubt that she is abusing the dog in any way then with certifiable proof take her to court. The only other option that you really have is that if you both paid for the dog you take her to court where the magistrate may make both of you sell the dog and get 50-50. You then may have a chance to rebuy the dog back at a profit to the buyers.

Answer 4

I'm sorry to have to tell you this but her being just your girlfriend (and not your wife) makes very little difference. Her name is on his papers, thus that makes him her dog just as much as he is yours. You are BOTH entitled to ownership, not custody, of the dog. The dog isn't more yours than hers just because you bought him. For example, it doesn't matter that I make all my car payments, if my co-signer holds the title of my car that car is legally their vehicle, REGARDLESS. The only things you can do are either to contact her and ask her to relinquish the dog to you (get it in writing) with or without compensation in addition to going and getting his papers changed to your exclusive ownership OR you take her to court. In that case someone will be granted the dog by the court and the other will be compensated for the dog. Dogs are not children. They are considered property--as wrong as that is. No different than a t.v., or car. It will be handled in the same fashion as a television or dvd player in question. The thorn in your side is the title with her name on it too. Without that the dog would be yours, but that piece of document carries a lot of weight, just as all things in writing do.

To tip the scale in your favor at court provide evidence of you paying vet bills and the like to prove that you are competent and loving to the dog. They aren't going to treat the dog like a child and get him back home to his buddy. They will look into the welfare of the dog, but like I said, dogs are property--they have no legal rights. Don't go take the dog surrepititiously as a previous poster indicated, that will only hurt you in court. If there's a chance of abuse and you can prove it, that will greatly improve your odds. But other than proving you were the sole-provider and care-giver, you are going to have a tough case to fight.

Answer 5

I'm afraid you're gonna have to go to court. You might be able to get back any expenses that you might incur, but you definitely need an attorney. He might even be able to write her a letter stating that you want the dog back, and that might work, but be prepared to go to court. If it is a valuable dog, then it's worth it. NEVER again pay for the dog, and have anyone else's name put on the title!

Answer 6

Hi. If the dog is being "abused" by this person, and you have documented proof of this, a judge will be in a better position to adjudicate in your favor.

Hire a licensed, private investigator to document abuse, if it exists. Otherwise, I believe that you are out of luck unless she decides the dog is more work for her than its worth....

Let the steam come out of the situation and she may give him up to you eventually.

Answer 7

if it's worth that much hire a lawyer it will fix the problem guaranteed

Answer 8

just get a lawyer and take it to court

Answer 9

Take her butt to Judge Judy!

Answer 10

hmmm i dont know what to say!