Q: Owner was in jail, dog was given to me by ex-wife. He's out and wants his dog back? Who's dog is it
Owner was incarcerated for a year. His ex wife managed all his property and possessions and couldn't take care of their dog so she sold the dog to me. He got the dog In the divorce. He's out of jail and she has left the state, he wants the dog back. Who's dog is it? I've had the dog for eight months now.
A: Arguably the dog is yours. The gentleman who was incarcerated would have to sue you and win to get the dog back in his possession.
A: Dogs are property. Unless the ex wife solely owned the dog, she had no authority to give the dog away. An argument could be made that the incarcerated owner abandoned the dog but abandonment must be intentional and under this scenario, the owner probably told his spouse to watch the dog for him. While it's true the owner would have to sue to regain possession, he could argue civil theft and ask for triple damages and attorney fees.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
