Fontana, CA asked in Animal / Dog Law and Small Claims for California

Q: Snake Custody

Roughly a year ago, I bought a Savannah monitor as a family pet. The lizard was too aggressive as I have a child and my ex boyfriend had one as well. We agreed to find a more kid friendly reptile and found a Boa Constrictor. We traded the lizard for the snake which equaled the total I paid for the lizard, but the snake receipt is under my ex boyfriends name. 6 months ago I had him move out and he left behind our snake. Now he is saying that the snake is his property and he wants to pick him up but I have been caring, feeding, and providing for it since we've even had it. Does he have the right to take the snake even if the snake was an exchange for my lizard?

2 Lawyer Answers

A: If I get this Reptile story correct, while living with your ex-boyfriend, you purchased the Monitor Lizard. You then traded the Lizard for the Boa, and then your boyfriend left. If I do the math right, each of you paid for a pet, but he walked out with no pet. I think you need to work it out with your ex-boyfriend. By the way, since you both sound like risk takers (having children around potentially dangerous reptiles), why don't you just get a grown Python. You can find them for free in Florida.

A: Maybe it's his. Maybe it's yours. Maybe it belongs to both of you. Different Small Claims judges might come to different conclusions. Only way to find out is to refuse to give it to him, and make him sue you. If you are sued, your defense should be your own ownership based on the fact it was purchased with your property and that the receipt was either a mistake and/or not intended to be a formal registration of legal ownership. You should also file a counter claim against him in the event that he is declared the owner so that you can claim daily kennel/storage fees to compensate you for the care, feeding and space it has occupied in your home.

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