My ex husband is suing for the cost of our puppy.

////My ex husband is suing for the cost of our puppy.

Question

My ex husband and I briefly got back together. While we were at the mall, I saw him in the pet store. He got a puppy that he knew I would want. I always wanted this breed. He got the dog in his name and vet in his name. We broke up less than a month later. I offered to take the dog and payments via text, but he never gave me the dog or drew up a agreement. Now two months later, he is taking me to small claims court for the cost of the dog.

Answer

Although generally when a person gives an animal away such person has no further rights to that animal, proving an animal was gifted is not always so easy when the person who allegedly received the gift has no proof of ownership (such as veterinary records, microchip registration, etc.). If you want the dog (and are concerned that you won’t be able to prove the dog was gifted to you) and your ex is willing to sell the dog to you, purchasing the dog may be the most expedient way to obtain the dog. Consider that you don’t have to wait until your ex draws up the agreement. You can do so (and better yet, have an attorney draft the agreement for you). Alternatively, cases can be settled in Small Claims Court (for example, one party agrees to pay the other for the dog and gets full rights to the dog). I hope this works out for the dog.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2019-07-23T15:07:19-04:00July 23rd, 2019|