For all those who are law savvy:

My girlfriend and I just broke up. In Feb. of this year, she gave me a dog for my birthday but during the breaking up process, she wanted to keep her. Now she currently has the deeds and is still making monthly payments for the dog. My question is, if I took this case to court, would I be able to get my dog back? Thank you in advance!

 

I am not a lawyer, but I have spent many hours watching People's Court and Judge Judy.

If you can prove that the dog was a "gift" to you from your girlfriend, you'll probably be able to keep the dog.

If the dog was something that you and your girlfriend decided to get "together" or "as a couple" you'll have a tough time keeping the dog.

But my question is, what kind of dog do you need to make payments on??

 

Well my ex bought a pure breed chihuahua from the mall and it costed about $900+. I'm not sure how I can PROVE that she bought the dog for me, but I'm sure she wouldn't lie to the judge if it was asked.

 

She probably will lie to the judge, afterall, she wants to keep the dog. More than likely she will get the dog.. The judge might consider the $900+ dog, a little excessive to be a gift. Considering it's your word against hers.. You saying it was a gift, and her saying that it's hers- and you never gave it back..

 

Ownership was (and still is) in her name, there is no evidence of a contract to change the ownership from one party to the other, therefore the dog is her's ....

 

Dogs are personal property and whatever your state's statutory or common law says on personal property will control.

In general, ownership will not necessarily depend on whose name is on Fido's registration papers or the original sale contract. No contract between you and her would have been required for her to have transferred ownership to you--she could have effectively done that with a gift--contingent on the provisions of the original sale contract with the unknown and unsecured creditor you mentioned.

If you're so inclined, take her to small claims court and be prepared to establish the dog was a gift. Proof of a gift could include photos of the event or a birthday card or someone you both know who is willing to testify to the facts and her intent.

Don't rely on her telling the truth--it's a nice thought, but don't bet the farm on it.

 

Give it back and get a real dog.

 

My mom is a corporate lawyer. She said that yes....the dog is LEGALLY yours, due to the fact that it was a gift. But the problem is you will lose...why?

Because since her name is on the papers, you have no WRITTEN proof that the dog is yours. If she lies, you are toast. Your best chance of winning is tricking her in court to admitting it was an anniversary gift. If she even utters the word gift, you win.

 

900 for a lil dog? we could have sold you a pure breed chiuaha for half that price, my mom used to be a breeder and one of the dogs we sold won 2nd place taco bell contest lol

good luck keeping the little dog but I believe she will win if you take her to court, just tell her it ran away..

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