A battle for my dog

[Hailie M]

Jurisdiction

Kansas

Okay so my boyfriend and I were together for 3 years. He recently just ended things out of nowhere and now I am fighting to get the dog we got together. Legally he is listed as the owner of her. However, he is only listed as the owner because his grandmother put down his name on the ownership line. With that being said though I was her primary care person. His name is only on the ownership line of her spay certificate whereas everything else about her is listed in my name. I am a co-owner of her on her microchip information. I have over 200 texts messages proving I was the one taking care of her every day. I have video evidence that when I was not at work that I was with her. I have all of her medical records. He is not even listed as a contact for her vet records. I am the one who set up all of her registration and in hindsight should have just registered her to me. But he has never bought a single bag of food for her. He simply drops her off at his grandmothers house for her to take care of our dog. I also have documentation stating that she does not only belong to him. All of her care has been done by me and I am worried if I take him to court and present all of my evidence about why I should be her owner he will get rid of her so I can't have her. I am at a loss because this is more my dog than his despite his name being on the ownership line. He never pays attention to our dog and I am worried if I do not act fast that something bad will happen.

 

[justblue]

Okay so my boyfriend and I were together for 3 years. He recently just ended things out of nowhere and now I am fighting to get the dog we got together. Legally he is listed as the owner of her. However, he is only listed as the owner because his grandmother put down his name on the ownership line. With that being said though I was her primary care person. His name is only on the ownership line of her spay certificate whereas everything else about her is listed in my name. I am a co-owner of her on her microchip information. I have over 200 texts messages proving I was the one taking care of her every day. I have video evidence that when I was not at work that I was with her. I have all of her medical records. He is not even listed as a contact for her vet records. I am the one who set up all of her registration and in hindsight should have just registered her to me. But he has never bought a single bag of food for her. He simply drops her off at his grandmothers house for her to take care of our dog. I also have documentation stating that she does not only belong to him. All of her care has been done by me and I am worried if I take him to court and present all of my evidence about why I should be her owner he will get rid of her so I can't have her. I am at a loss because this is more my dog than his despite his name being on the ownership line. He never pays attention to our dog and I am worried if I do not act fast that something bad will happen.

Who paid for the dog?

 

[Hailie M]

Who paid for the dog?

nobody. it was given to us by a family friend.

 

[army judge]

Legally he is listed as the owner of her. However, he is only listed as the owner because his grandmother put down his name on the ownership line.

You posted the answer to the question you posed.

I have quoted it above in order to refresh your memory.

 

[justblue]

nobody. it was given to us by a family friend.

Legally it seems the dog is his...Perhaps morally the dog is yours. You could take him to small claims court and try to prove the dog is yours.

 

[Hailie M]

You posted the answer to the question you posed.

I have quoted it above in order to refresh your memory.

yes however, I am also listed as a co-owner

 

[Hailie M]

Legally it seems the dog is his...Perhaps morally the dog is yours. You could take him to small claims court and try to prove the dog is yours.

okay and here is where it gets fun, I am planning on taking him to small claims court and I was simply trying to figure out if I had a chance of winning back our dog. Because not only am I fighting for our dog I am also suing him for the financial support I sent him while he was in prison.

 

[army judge]

yes however, I am also listed as a co-owner

That isn't what you posted initially.

What you posted is quoted below.

Legally he is listed as the owner of her. However, he is only listed as the owner because his grandmother put down his name on the ownership line.

Dogs aren't treated as if they are children.

Dogs, insofar as the law is concerned, are property.

Yes, property, not unlike your clothing, your jewelry, or most anything you own.

I suggest you move on with your life.

There is very little the legal system can do for you, UNLESS you hold a bill of sale to prove you bought the animal.

You can visit with a couple local attorneys and see if one can assist you.

Most attorneys offer an initial consultation free of charge.

I am also suing him for the financial support I sent him while he was in prison.

You can also forget that tactic.

Any money that you gave him, or items you bought him, the law considers GIFTS.

Yes, GIFTS, as presents.

A GIFT is an item given to someone without the expectation of payment or anything in return.

An item is not a gift if that item is already owned by the one to whom it is given.

Although gift-giving might involve an expectation of reciprocity, a gift is given freely without reservation of future obligation.

 

[justblue]

okay and here is where it gets fun, I am planning on taking him to small claims court and I was simply trying to figure out if I had a chance of winning back our dog. Because not only am I fighting for our dog I am also suing him for the financial support I sent him while he was in prison.

Financial support? You mean money you put on his commissary account?

 

[Hailie M]

Financial support? You mean money you put on his commissary account?

yes I did. I sent this man $3,900 in the span of a year. Because we were about to be engaged and so now that he decided to end it. I am fighting him for everything he put me through and to get ownership of our dog

 

[mightymoose]

You are unlikely to succeed with your attempt to regain the $3900. At least it appears that way with the info you gave here. You gifted that money to him.

As for the dog, small claims won't order him to give you the dog, but could order him to pay you something for the dog. It would be a trivial amount unless you have some particular fancy breed of dog with a high value

Have you offered to purchase the dog? Make a reasonable offer. Even better, make an offer he can't refuse, and have him sign a document releasing any interest in ownership of the dog.

 

[Zigner]

As for the dog, small claims won't order him to give you the dog, but could order him to pay you something for the dog.

Small claims court in Kansas can rule on replevin actions.

(For the OP, that means that Kansas small claims courts CAN order him to give you the dog, assuming you meet the other requirements for a small claims case and prove your case.)

 

[army judge]

yes I did. I sent this man $3,900 in the span of a year. Because we were about to be engaged and so now that he decided to end it. I am fighting him for everything he put me through and to get ownership of our dog

To win a replevin action in KS small claims, you must show that you are entitled to immediate possession of the property in question.

(Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)



Small claims court provides a simple, informal procedure for people to settle certain legal problems cheaply and quickly.

In small claims court, you can sue someone or be sued by someone, and you present your side of the case yourself. You cannot be represented by a lawyer unless the other party is a lawyer.

Small claims court handles only simple cases involving small amounts of money or property.

Claims must not be greater than $4,000 exclusive of interests, costs and any damages for worthless checks which may be awarded under K.S.A. 60-2610, as amended.


Where to Sue: Where the defendant resides or where the alleged injury occurred. Where defendant does business or where plaintiff resides, as long as defendant is served there. Corporation resides where it does business or maintains registered office or resident agent.

To file a case, you must fill out a form (called a petition) showing your name and address, the name and address of the person being sued, the amount of money or property you are asking for, and why you are asking for it.

The person being sued must be able to be located so they can be legally served, or given, an official summons (or notice to appear) in court. It is your responsibility to furnish the address to the Clerk's office.

Statues: Kansas Statutes Annotated Ch. 61, Article 27, Sections 1-14.

KS Courts - Small Claims Court

Kansas Small Claims Law – Small Claims

 

[zddoodah]

Here are the three most important things you've written in this thread:

my boyfriend and I . . . [are] fighting to get the dog we got together.

I am a co-owner of her on her microchip information.

it was given to us

Virtually everything else you wrote (about buying dog food and such) is irrelevant. Nothing in your post suggests this dog is anything other than jointly owned property to which you have no more right than your ex (and vice versa).

I am also suing him for the financial support I sent him while he was in prison.

On what basis? Did you make a contract that the support provided would be a loan and not a gift? Also, the fact that he was in prison would be the best evidence that you were taking care of the dog (if that were relevant).