Fort Collins, CO asked in Animal / Dog Law for Colorado

Q: Can my boyfriend take my dog?

My dog’s adoption papers and license are under my name and has lived with me 100% of the time in my house. Since my boyfriend saw the dog at the shelter but was unable to adopt him, he thinks the dog is his. I fostered the dog for about two months and then, after repeated failed meet and greets with potentials, I adopted the dog. My boyfriend and I do not live together. I broke up with him and then had to have police intervention for harassment. The dog is well taken care of at my house and I have never struck either of my dogs. The dog is question is also in love with my other dog (it is the main reason I adopted him).I am concerned, can he try to take the dog?

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: He can try, but he will not be successful. If he has already tried to harass you through other means, he might take to the court system as another way to harass you. Because, even if his lawsuit is frivolous the court will still hear his complaint as though it is valid. You would have to defend yourself in court in order to get it dismissed. He sounds like he might be the type to do that, I hope for your sake that he is not. The only legal way that he could take your dogs from you is if he sued you in court and won. He has absolutely no right or reason to come onto your property and steal your dogs. If you do not have a protection order are ready, it might be worth it for you To get one. And list your dogs on the protection order so that way the court and the police enforcing it will know that he does not have any right to your animals. If he does end up suing you please call an experienced animal attorney to help you defend against his continued harassment and abuse.

Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: Dogs are considered property, so the issue will be who purchased the property, which it sounds like was you since you say the adoption papers are in your name. Seeing the dog in the shelter, without more like actively communicating with the shelter about co-adopting the dog, cohabitating, caring for the dog, etc, does not make him the owner. If he saw a TV in a store that he wanted but could not afford, and you purchased it, would it be his? No, unless you gave him the TV and told him it was his.

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