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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10255
Experience:  Just Answer consultant at Self employed
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My ex boyfriend went to jail and left his dog with his

Customer Question

My ex boyfriend went to jail and left his dog with his negligent brother who starved the dog and gave him ear mites from letting him swim in the dirty lake. My ex who was my boyfriend at the time told me to go and get the dog and keep him at my house. I immediately took the dog to the vet and got him ear medication, paid the vet bill and got him his vaccines that he was way past due for. I bought this dog the most expensive dog food and even registered him as an emotional support dog because the pitbul breed is illegal in some areas where I live unless they are service animals. I had no idea when my ex was getting out of jail and I had become very emotionally attached to this dog as well as the dog is attached to me. He recently got out of jail and he's on house arrest, he is asking for the dog back but I already know he will go to jail again because of what he does for a living. He is into credit card scam and stealing people's identities. I want to give the dog a better life. I've already microchipped him since he was not chipped by my ex. The only thing my ex has is papers that he bought the dog, but I have every receipt for everything i've ever done for the dog in the past 3 months. Can I do anything about this?
Submitted: 10 months ago.
Category: Legal
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

Was the dog gifted to you, or was it requested that you care for the dog pending his release? I am glad to hear that you gave the dog such good care.

Customer: replied 10 months ago.
He told me that the dog was mine just as much as it was his. I have no real proof of him actually giving me the dog or saying to only care for the dog while he's in jail. I have spent a lot of money on this dog. If I were to disappear and move out of the state and have no contact with my ex, can he sue me?
Customer: replied 10 months ago.
he is on house arrest, can he even take me to court?
Expert:  legalgems replied 10 months ago.

If it was a gift, there needs to be no actual writing evidencing this. Rather the court will look to the circumstances of the case to determine if it was intended as a gift, and if the recipient interpreted it as such. The idea is the intent of the parties, so if it would appear that jail for long term was in his future, a judge would likely construe it as a gift. (Pets are still considered personal property- things, in essence, something that is difficult to understand in this day and age, so the court won't look to the human or the dog emotions involved). If it was not a gift, then the owner is liable for all the associated costs of caring for the dog, so one can sue for recovery of those funds, and that may serve as a deterrent to the other party.

If a person is on house arrest they can arrest a telephonic appearance which may or may not be granted (typically it is).

So one can write a letter detailing why one considered the pet a gift; and remind the person that if they pursue the issue in court, one will be making a counterclaim for all money expended on the pet.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.