The traveling dog , who is rightfully the owner?

Question

My boyfriends brother left his dog at their mothers home when his wife objected to him keeping the dog in their home last summer. Their mother grew tired of the dog, not able to care for it financially, and relocated to a place that didn't allow pets. Since then the dog has has remained with me for over a year now. I have been financailly responsible, and provide care of the dog (along w/ kids). My now ex boyfriend and his brother got mad this week b/c I allowed my ex husband to keep the dog for a bit. My daughter is there at her fathers back and forth and keeps the dog there to keep her company and he also wants to mate her for she is an expensive dog and he provides great care as well as financial means when the dog is in his care. Problem is, my ex boyfriends family is pissed about what I choose to do with the dog and mentioned taking the dog or selling him out from under me. I say the dog is mine since I provide for her and I have the right to do what I want. Who's right?

The brother of my ex boyfriend previously consented to the dog living with me since he abonded her at his mothers. He has no original papers on the dog and has not had posession of the dog for two years now. The dog very hyper, destuctive, and not potty trained at 2 yrs of age was a lot of hard work and my cost have way exceeded 350 dollars! The brother has a habit of buying pit bills and dobermans b/c they are the style, but selling them when the price is high. The dog in question is a mini pincher and female. Yesterday he mentioned selling her for 350 to my ex husband or other buyers since so many voice concern over the dog. How can I keep him from selling the family pet ?
How can I protect myself from the police taking her from us?

Answer 1

Its hard to tell, especially considering the laws will vary state to state. I know that it would make sense that you should get to claim the dog as your own since you are providing for it now, but you might want some legal consultation just in case you get taken to court over it!

ESPECIALLY if your backyard breeder ex-husband mates the dog & sells its offspring for profit? Your boyfriend's brother really might have a case then, for his fair share of the profit. (And requesting reimbursement for what you've paid over the last year? That could be construed as saying that the dog isn't yours & would be like saying that the dog isn't yours & that you want no responsibility for it!)

Consult a lawyer to see how this case would be handled in a court in your state. Our advice here is useless to you, because this is a situation that is often taken to court (believe it or not-my cousin is a lawyer himself & has told me about it many times!)

Answer 2

You have small claims court in your county. And you have all of the Vet bills. You can go to Small Claims Court to ask them about the law... if you can sue the brother for all of the money that you have evidence that you spent.

You can claim that you understood that the dog was yours, after a year, because you had to pay for care, and no one ever paid you back.

In most states, a dog is property (not a pet), and specific costs were required to maintain this property. Make a file of all of your costs for the dog, and any facts.

You can preempt your boyfriend and call the police, because you are concerned that he might steal your dog. When they come out you can explain the complications, and ask their legal understanding.

It wouldn't hurt to ask for the Vet's opinion... although the Vet doesn't know the law....

If your boyfriend has no paperwork, he may not be able to make any claims...

(For example, you may not be able to claim dog food bills, unless you still have those grocery receipts.)

Answer 3

Well there are laws about animal abandonment, it does depend on the state your in.

In Calif., at vet hospitals, if an owner abandons the pet, we legally have to keep it at least 10 days before we take responsibility for the animal.

I would think, if you have been taking a care of the dog for a year and they left the dog with you, without a personal agreement that you would just be taking care of the dog and they are not taking the dog back after you & your boyfriend broke up, it sounds like that's your dog.

Call your local animal control agency and ask them. It might be for animal businesses, but it might be for personal disputes as well.

Answer 4

At this point, they have to prove the dog is theirs.

They gave the dog to you. You have been caring for it, and it lives in your house (well, with your kid, which is sort of the same thing).

Take a hard line. No "wishy-washyness". Tell them the dog is yours and to quit harassing you or you will call the police. Call the police if they continue.

DON'T BREED OR BUY WHILE SHELTER ANIMALS DIE.
I understand that dogs are expensive, but it's better for everyone to have her spayed.

EDIT:
The first answer is correct.
BUT
They also have to prove they DIDN'T give her to you. You have proof that she's been living with you for the past how ever long, why else would you have her if they didn't give her to you?

Answer 5

They got their nerve! They unload the dog on you and you pay for its food and care and probably grow attached to the dog they obviously don't want anymore, and they have the nerve to say they are going to sell it out from under you? Tell them you want reimbursement for the last year for the cost. I am sure they will then reconsider and the dog will be yours if you want it.

Answer 6

Possesiion is 9/10 the law unless they have proof of ownership

Answer 7

If he has no papers on het r and no f proof of the upkeep for so long than I would take her first hting tomorrow and get her microchipped and with that and all vet bills etc in your nmame than what can they do.