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Category: Legal
Satisfied Customers: 73
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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I was given two yorkie doge back in May by my x wife who

Customer Question

I was given two yorkie doge back in May by my x wife who could not care for them. The dogs were given with her by a family member. They were being kept in a bathroom, no one was feeding them on a regular schedule and they were not being let outside to potty. On May 11 this year I contacted the family member and ask for the AKC paperwork on the animals (her name is Laura) Laura replied in a tex she would send me the paperwork and made the commit "if you decide you do not want them then I will take them back." Now I am being told she wants the dogs and is coming to get them. I live in Fl she lives in Texas. What rights do I have if I want to keep the dogs. She says she has the AKC paperwork and the dogs are microchiped.
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.

Good afternoon. I certainly understand the situation and your concern. Do you know why she would have given them up to your Ex and now would want them back? Is there any chance your Ex would help in the situation and support your claim that the dogs were given to her as a gift? Just trying to get an idea of the situation when they were first given and if the women gave up her legal interest and right to the dogs?

Expert: replied 2 years ago.

This sounds like a valid gift, so most likely, you can keep the dogs.

If your X-Wife intended to give the dogs to you permanently, without reservation, and relinquish all claim, then the gift is valid and the dogs are your property.

The Family Member who wants to retrieve the dogs only has a complaint against your X-Wife regarding the dogs, if the X-Wife took the dogs wrongfully or there was no gift to her from the Family Member.

Customer: replied 2 years ago.
My x told me the dogs were given to her daughter who was living with her at the time. When my x moved her daughter did not move with her did not take the dogs with her and was not taking care of them. My x (Jackie) told me the dogs were given. She has repeated this several times. I called the owner when dogs were given to me and she also verbally gave them to me even stated she would send the AKC paperwork to me in a tex. My next question is what should I do to protect myself in the event she showes up with police stating she is the owner and she has proof in the form of AKC and microchip ect.
Customer: replied 2 years ago.
Just spoke with my x-wife's daughter. She would be willing to support my claim that the dogs were given to her and she gave them to me.
Expert: replied 2 years ago.

Depending on where you live, Family Member showing up "with police" to recover the dogs is unlikely and all but impossible on short notice.

Family Member would first have to obtain a writ of replevin, and ask the appropriate authority to accompany HER as SHE serves it on you to recover the dogs. To get such a writ, she has to petition a court and post bond for the value of the dogs.

If she does all that, you can contest and it goes to court, where you prove the gift.