Costa Mesa, CA asked in Animal / Dog Law, Civil Litigation and Family Law for California

Q: My ex is threatening to file a writ of possession & take my dog away from me. Can he do this? It is 100% my dog.

I purchased the dog, the dog lives with only me, I have all the vet records. He only threatened this when I quit talking to him. Does he have any rights to the dog since we were together & living together for the dogs first 4 years of life?

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I'm not sure about his claim to the dog. If you weren't married, I'd say he couldn't claim the dog as community property. If he didn't contribute financially to the care or feeding of the dog, then he has no sweat equity rights to the dog. A writ of possession is also not a simple form any one can file. The writ is what you can get once you demonstrate to a judge's satisfaction that you have a right the law recognizes in a piece of property. I'm not clear on how your ex would prove he has any right in the dog at all.

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