Q: My in laws separated & are divorcing she wouldn’t allow him to take his dog all the paperwork is in his name
but she was never gifted the dog or paid a dime towards food or vet expenses he gave me ownership through the vet when he found out she tried to rehome the dog many of times and had me caring for dog die to her living conditions now she’s wanting the dog and saying the dog is her emotional support dog. Do I have to return the dog ?
A: If the dog was purchased/acquired during the marriage, and was not a gift made just to the husband, then the dog would be marital property. He would not be the sole owner. However, you are claiming he made a gift of the dog to you. Whether a court would uphold a gift made by one joint owner of a dog, especially if the other joint owner claims she opposed the gift or was unaware of the gift, is not certain. She would have to sue you for "replevin" in order for both of you to find out. The ball is in her court, if she wants the dog back. You have a defense that ownership of the dog was transferred to you as a gift.
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