Q: Who owns the cat after the break up
My ex and I adopted a cat together and cared for it together for years. We broke up and did split custody for a while, now she wants to stop sharing and is claiming the cat is legally hers and will report her stolen if I dont return her by the arranged date. The adoption papers and microchip are in her name, but we are both attached to vet records and split all of her costs during our time together. Can I be charged with theft if I dont give her back or do I own her too? I can provide a better environment and better care for the cat. Considering taking ex to court over custody/ownership, but that will take longer than the aforementioned return date and I’ve been told possession is 9/10ths of the law so I’m reluctant to give her back before we start the court stuff.
A: Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin action if she keeps the cat, your claiming ownership of the cat which will require a fact finding hearing or trial for the court to determine who owns the cat. That would avoid your potential arrest and possible success. Consult an attorney to see if s/he thinks you have a case.
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