Can my late sister's estranged husband claim her dog?

[owlfan]

What is the name of your state? Missouri

In Missouri, my sister and her then husband bought a dog. When he left her he did not take the dog. Now, several years later, she has passed and he now says he wants the dog. My sister had, before she passed, given the dog to our other sister. She could no longer care for him and wanted him to go where he could be taken care of. He was in bad health, almost died and had to have transfusions etc immediately.
He claims that he has papers where they bought the dog together, therefore, he has rights to the dog. Over the years since he left, he has said nothing about even visiting the dog. Can he come take the dog from my sister?

 

[quincy]

What is the name of your state? Missouri

In Missouri, my sister and her then husband bought a dog. When he left her he did not take the dog. Now, several years later, she has passed and he now says he wants the dog. My sister had, before she passed, given the dog to our other sister. She could no longer care for him and wanted him to go where he could be taken care of. He was in bad health, almost died and had to have transfusions etc immediately.
He claims that he has papers where they bought the dog together, therefore, he has rights to the dog. Over the years since he left, he has said nothing about even visiting the dog. Can he come take the dog from my sister?

He could try.

 

[Zigner]

If he does try, then the sister with the dog needs to call the police.

 

[owlfan]

I just found out that they had been separated for almost 10 years. The dog is 11 years old.

 

[quincy]

I just found out that they had been separated for almost 10 years. The dog is 11 years old.

A court is unlikely to award "custody" of the dog to the ex-husband - nor does it seem likely that the ex-husband will pursue the matter.

If the ex-husband asks your sister for the dog, she can say "no."

Or, your sister could present him with a bill to cover the costs of caretaking the dog for 10 years, including in the bill all vet costs and food costs and boarding costs and payment for her services. That might get him to leave her alone.

 

[PayrollHRGuy]

A dog is property. Under the law in MO no different than a lamp.

If there was no divorce and he has papers showing he is the registered owner he will likely win if he sues.

If he simply shows up at your house demanding the dog, close the door (or don't answer it in the first place) and call the police.

 

[quincy]

"Her then husband" implies divorce.

And I think it unlikely at best that any court would award the dog to the ex-husband after 10 years of no contact.

If sued, the sister could countersue him for animal neglect and costs of care.

 

[owlfan]

If what I've heard about him is correct, then I'm sure that offering the bill for care will do the trick. The first vet bill alone is over $400 plus monthly visits since. Special dog food he has to have since the illness. Also, she has not been just caregiver to him. The older sister Gave him to this sister. When she offered to give him back, since older one had help to take care of him, she told her "No, I gave him to you. He is your dog now."

 

[Mass_Shyster]

Former Husband will likely face an uphill battle proving that the dog that be purchased 11 years ago is the same dog in the possession of his former sister-in-law.

Husband and wife purchased "a" dog. - likely only witnesses were husband and wife.
wife gave "a" dog to her sister. Likely only witnesses were wife and sister.
Sister probably cannot testify that the dog is her possession is the same dog that was purchased by husband and wife.
Husband probably cannot testify that the dog that he purchased is the same dog that is in the possession of sister.

 

[quincy]

If what I've heard about him is correct, then I'm sure that offering the bill for care will do the trick. The first vet bill alone is over $400 plus monthly visits since. Special dog food he has to have since the illness. Also, she has not been just caregiver to him. The older sister Gave him to this sister. When she offered to give him back, since older one had help to take care of him, she told her "No, I gave him to you. He is your dog now."

Well, legally you cannot give away something that you do not own ... but I still do not see that a court would award the dog to the fellow. He apparently failed to provide for the care of the dog the last 10 years and essentially abandoned the dog without making provisions for its care.

And Mass_Shyster raises a good point. Unless the dog was implanted with a chip, proof that the dog in the sister's possession is the same dog purchased by the couple could be difficult.

 

[xylene]

A dog is property. Under the law in MO no different than a lamp.

Agreed, and since the half ownership of this property voluntarily abandoned for 9-10 years, it was the the deceased's to give away as she saw fit, making it the property of the new owner.

Or at the very worst case, the half property of the sister... if it even is that dog.

 

[owlfan]

Good point. Thanks for all the answers so quickly.

 

[PayrollHRGuy]

"Her then husband" implies divorce.

If there was a divorce then all the property should have been handled during the divorce and the ex-husband certainly shouldn't be able to reopen the issue 10 years later no matter if it is a dog or a lamp.

If it is the same dog the OP and or her sister would have to lie in court to say it isn't.

 

[quincy]

Good point. Thanks for all the answers so quickly.

We all appreciate the thanks, owlfan*, so thanks for the thanks.



*I, too, am an owl fan.

 

[Just Blue]

Good point. Thanks for all the answers so quickly.

Please clarify...Was there a divorce or just a separation?