Who gets the dog?

[Qwells]

What is the name of your state (only U.S. law)? California.

Hello Everyone,

I hope everyone is doing well this morning. I have a quick question regarding who should get the dog after a separation. Here are some background details:

I was living with my girlfriend in CA. In September, we got a dog together. As many of you know, raising a puppy is a lot of work, and this led to many arguments and conflicts between my girlfriend and myself. Ultimately she decided she had had enough, so she moved out and our relationship ended. For the first couple of weeks, we were arguing over who should get the dog. Just recently, she conceded that the dog was better off with me and would let me have him if "I buy her out" for all of her dog-related expenses she has made for him in the past few months. These include vet costs, neutering, costs incurred from the purchase of the dog etc.

My brief and limited understanding of the law in this case is the person who paid for the purchase of the dog (in this case from a breeder) should retain ownership. OR, if the dog was gifted to someone (which in this case is also true because she originally said he was a housewarming gift, but is since denying she ever said that). Is this true? I actually physically paid for the dog in full to the breeder (in cash) when we got him. A couple months later, she reimbursed me half ($500), also in cash. However, during this time, we had a verbal agreement that she would pay the dog expenses and I would pay for everything else - mortgage, utilities etc. So she incurred most of the vet expenses and such. Ultimately, my question is should I really need to pay her back for ALL of the vet expenses along the way? She is looking for about $1,500 in total. I can see paying her the $500 to "buy her out" of the purchase of the dog only so I would be the official sole owner, but the rest just seems like a sunk cost that shouldn't be recoverable on her part. What do you guys think? Thanks in advance for any insight. I do apologize if this is posted in the wrong forum. What is the name of your state (only U.S. law)?

 

[stealth2]

Depends how much you want the dog...

 

[mistoffolees]

What is the name of your state (only U.S. law)? California.

Hello Everyone,

I hope everyone is doing well this morning. I have a quick question regarding who should get the dog after a separation. Here are some background details:

I was living with my girlfriend in CA. In September, we got a dog together. As many of you know, raising a puppy is a lot of work, and this led to many arguments and conflicts between my girlfriend and myself. Ultimately she decided she had had enough, so she moved out and our relationship ended. For the first couple of weeks, we were arguing over who should get the dog. Just recently, she conceded that the dog was better off with me and would let me have him if "I buy her out" for all of her dog-related expenses she has made for him in the past few months. These include vet costs, neutering, costs incurred from the purchase of the dog etc.

My brief and limited understanding of the law in this case is the person who paid for the purchase of the dog (in this case from a breeder) should retain ownership. OR, if the dog was gifted to someone (which in this case is also true because she originally said he was a housewarming gift, but is since denying she ever said that). Is this true? I actually physically paid for the dog in full to the breeder (in cash) when we got him. A couple months later, she reimbursed me half ($500), also in cash. However, during this time, we had a verbal agreement that she would pay the dog expenses and I would pay for everything else - mortgage, utilities etc. So she incurred most of the vet expenses and such. Ultimately, my question is should I really need to pay her back for ALL of the vet expenses along the way? She is looking for about $1,500 in total. I can see paying her the $500 to "buy her out" of the purchase of the dog only so I would be the official sole owner, but the rest just seems like a sunk cost that shouldn't be recoverable on her part. What do you guys think? Thanks in advance for any insight. I do apologize if this is posted in the wrong forum. What is the name of your state (only U.S. law)?

Ultimately, it would come down to credibility. If the court believes her statement that she paid for half the cost of the dog, then the court could order you to pay her back that amount.

Alternatively, if the court doesn't believe either of you and only looks at the documentation (your purchase documents), then you wouldn't have to pay her anything.

So it's impossible to guess how it would come out. In the end, it's just one more example of the problems created by moving in with someone and not taking care of the legal details. No one can really tell you how it's going to turn out, although a local attorney who has all the facts and knows the local court might be able to offer a decent guess.

 

[tuffbrk]

The dog was a housewarming gift to you but she was paying all of the expenses? That doesn't seem to make much sense. A dog is property. In this case, it is apparently her property.

Your post has nothing to do with a divorce, separation or annulment.

 

[mistoffolees]

The dog was a housewarming gift to you but she was paying all of the expenses? That doesn't seem to make much sense. A dog is property. In this case, it is apparently her property.

Not so fast. OP says that he paid the breeder for the dog (and then was reimbursed for half of the cost by his GF). Seems to me that the possible scenarios are:

1. Judge doesn't believe that GF paid 1/2 - in which case dog belongs entirely to OP.

2. Judge believes GF paid 1/2 - in which case they are equal owners.

3. Judge believes GF paid 1/2, but accepts that she meant for the dog to be a gift, so dog belongs entirely to OP.

While it's not clear how a judge would decide, I can't see any way that the dog would be all hers.

'Operating expenses' have nothing to do with the ownership of the dog. That would be like saying that I own a car and let you drive it as long as you fill the tank with gas and change the oil. That doesn't make it your car.

Your post has nothing to do with a divorce, separation or annulment.

Agreed.

 

[Bali Hai]

The dog was a housewarming gift to you but she was paying all of the expenses? That doesn't seem to make much sense. A dog is property. In this case, it is apparently her property.

Your post has nothing to do with a divorce, separation or annulment.

I agree tuffbrk, OP should just give the stupid mutt to former g/f, get a different dog and be thankful he didn't marry her.