Legal Question in Civil Litigation in Georgia

Dispute over dog ownership. I'm a gay man who was in a relationship for three years that ended this past February. During the last six months of the relationship we acquired two dogs one that was supposed to be my ex's and one that was supposed to be mine. He paid for both but I still have all the papers and medical history for both dogs. When we split he claimed that he now loved my dog too much to let me have her entirely to myself and we tried to share which proved too difficult for me for personal reasons. So I said she was mine and he said since she paid for her that I had no claim. I picked the puppy out of the litter at the breeder, I flew there myself, I still have her AKC papers and I am wondering if I have any claim still to my dog and how difficult it would be to have the police get involved or if I have any grounds to claim her because he would never give her to me willingly at this point.


Asked on 6/25/11, 8:01 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Of course you do not get the police involved in something like this and waste their time and resources. They would probably let you know that very quickly. You also have a problem in that he paid for the dogs, and you have the burden to prove it was a gift to you. From a legal perspective, even if you had a valid case, you would be entitled to the legal value of the dog which is basically the cost of buying a new one. I am ruling out spending thousands of dollars in a Superior Court case to get the dog back. One solution not even mentioned in your post: If the dog is happy and well cared for, and happy being with the other dog as it is now accustomed to, move on and get another dog for yourself. IF this is not really about the dog, move on.

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Answered on 6/25/11, 8:15 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

This is obviously not a criminal case so do not call the police.

Georgia generally will not help a gay person verson another gay person in court since the state does not recognize such relationships. Nonetheless, you could try to prove the dog was a gift (not likely proveable based on the facts as you gave them). But if you think the matter is worth thousands in legal fees you could try. It might be far cheaper, and better for the dog, to adopt a stray at the pound.

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Answered on 6/25/11, 6:07 pm


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