Q: My ex-boyfriend moved out about a month ago and left his cat with me
My ex-boyfriend left his 4yr old cat with me when he moved out because his new place doesn't accept pets. He doesn't know if or when he could take her back. I would like to keep her because I'm the one that took care of her while we were together, he never took her to the vet, never got her vaccinated, and consistently wouldn't feed her or clean her litterbox. How long is the cat considered abandoned by him, and is there a legal way I could get ownership of her? I just don't want him coming back 6 months from now wanting to take her back.
A: Animals are considered property under Colorado law, so no different than a chair or a mattress, unfortunately. There is no specific law on abandoned animals, but under the statute for abandoned property, property is not considered abandoned by its rightful owner for 5 years. Meaning that other potential owners cannot claim the right of ownership until 5 years has elapsed. Obvioualy, this is a long time in the life of an animal. The only way to sever ownership and prevent him from showing up down the road to take the cat from you is to sue him in court now through an action called Replevin. It would be best to speak to an experienced animal law attorney to go over your options.
Tristan Kenyon Schultz agrees with this answer
A: I do not agree that suing for replevin is the way to go. Replevin is a suit to have your property returned to you. You have possession of the cat, so your boyfriend would need to sue you to get possession of his cat from you. I'd recommend trying to meditate the issue and have him relinquish the cat to you free and clear. You could pursuade him to do this by saying if he won't, you'll either charge him pet care costs or drop the cat off at the shelter. If you did take the cat to the shelter, he'd have 3 to 5 days to claim her and if he didn't he'd lose ownership of the cat and you could adopt it. If you do move forward with hiring an attorney, it pays to go with someone with several years of experience in Colorado.
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