Denver, CO asked in Animal / Dog Law for Colorado

Q: My ex is keeping my service dog from me. How do I get her back?

We shared most of the expenses, split pretty much everything, I trained the dog, she lived with me for 4 months before I moved in with my ex. She is my registered service animal & emotional support animal. How do I get her back?

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1 Lawyer Answer
Michael Joseph Larranaga
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Answered
  • Parker, CO
  • Licensed in Colorado

A: If you can prove that you own the dog, you may be able to assert a replevin claim to get her back. If you both own the dog, it becomes trickier. In theory, you could do a partition action and ask the court to figure it out. I have done partition actions for land, but I know they can be done for personal property as well, which in this case would be the dog. There are many aspects of this that you will need to discuss with an attorney including process and costs. They can get expensive in some cases. It may be cheaper buying another service dog. But if you are emotionally attached to this one than it may be worth the money. You should call an attorney.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

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