Q: My ex and I were together 3 years. We got two dogs together. When we broke up we decide who gets which dog.
Now she wants both dogs. I recently found out that she only put her names on the chips( not to say she may have recently taken mine off). I do have witnesses to our verbal contract. I also have messages between us saying he is mine
A: You can sue her in partition and have the court decide who gets which dog. Another possible, but unlikely, consequence of partition is that both dogs get sold and the proceeds are split between you two.
A: First of all, does she have possession of both dogs? If she does not have possession of the dog that she agreed would be yours, I don't see you have to take any affirmative legal action. Second, if you did both get the two dogs together, let her know that if you do have to sue, you can sue for both of them. The last custody case I handled my client ended up with both of the co-owned animals, and the other party just got some money. If you sue for partition, include a claim for breach of contract, alleging that you had an agreement when you split up that she would have one, and you the other. Ask for specific performance, ie. have the court enforce the agreement and give you the dog. You may also have a claim for replevin, if you can prove that "your" dog was yours by agreement, and she is now renegging on the deal. In short, if you do have to move forward, it pays to get a consultation with an attorney who has handled a lot of these kinds of cases in Colorado over the years, which I have done.
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