Palo Alto, CA asked in Animal / Dog Law for California

Q: Who has a legal claim to dog -- myself, ex, or both? After 2 yrs of dog being with me ex is threatening to sue me.

Ex and I adopted puppy 5 years ago. We had him together 3yrs then broke up and I had him for 2 yrs. I originally filled out adoption app/got approved but ex paid fee of $450, says adoption paperwork is in his name only. It was always intended that we were joint owners. We both paid for food/vet when together, but he paid on card I paid cash no receipts and vet was under his name. When we broke up, for first time he claimed dog was "his" not "ours". Then he moved to no pet apt so I kept him but he still saw the dog now and then which I was ok with. Now 2 yrs later, he wants to take me to court for dog. But past 2yrs I have had him and paid for all food, pet insurance, vet bills all in my name. SF dog license and microchip in my name. He is also my ESA. Will court say dog is/was jointly owned? Could I be ordered to actually return the dog to him? Or might I just have to pay him off? Or is dog mine now, did he abandon it? Is his adoption form even valid if the shelter is now closed down?

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It sounds like he abandoned it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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