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  1. #1
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    Apr 2020
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    Default Am I Legally Allowed to Keep the Dog

    My question involves personal property located in the State of: Missouri


    About two years ago, my old friend was sent to jail. Two months later his mom brought us his dog because she couldn’t afford the pets while in the process of moving. I’ve had her for a year and a half now and he got out about a year ago. He’s never tried to help with her vet bills or any other essential for her. He never even tried to take her back until he became homeless. In the past couple months, he’s tried to get my friend to take the dog and bring her to him and he showed up at my house to try to take her, thinking I wasn’t home. We have proof of us taking her to the vet and of how long we’ve had her. She’s also bonded a lot with us and our other two dogs and cat. Are we legally allowed to keep her at this point?

  2. #2
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    Mar 2013
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting v0510
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    Are we legally allowed to keep her at this point?
    Depends on who can prove what about the arrangement.

    Did you have a provable agreement with your jailed friend that he was giving you the dog? In other words granting you ownership?

    If not, and you get sued for the return of the dog, you could lose the dog, or you might not.

    A possible defense is that he was out for a year and didn't come get the dog (abandonment). Though I suspect you'd have resisted his efforts then, for the same reasons as now.

    There's no way to predict how that would turn out.

  3. #3
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    Jul 2018
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    Default Re: Am I Legally Allowed to Keep the Dog

    No, unless your friend's mother had a power of attorney that gave her the authority to give away his property or she was otherwise acting as his authorized agent.

  4. #4
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    Oct 2006
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting v0510
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    My question involves personal property located in the State of: Missouri


    About two years ago, my old friend was sent to jail. Two months later his mom brought us his dog because she couldn’t afford the pets while in the process of moving. I’ve had her for a year and a half now and he got out about a year ago. He’s never tried to help with her vet bills or any other essential for her. He never even tried to take her back until he became homeless. In the past couple months, he’s tried to get my friend to take the dog and bring her to him and he showed up at my house to try to take her, thinking I wasn’t home. We have proof of us taking her to the vet and of how long we’ve had her. She’s also bonded a lot with us and our other two dogs and cat. Are we legally allowed to keep her at this point?
    I say keep the dog. While you might lose if you get sued, it's in the best interest of the dog for you to keep it.

  5. #5
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    Oct 2014
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting v0510
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    Are we legally allowed to keep her at this point?
    No. The dog is property, and like any other property you hold for another person, when that owner shows up and wants his property back, he's entitled to get it back. That said, if he sues to get the dog back you can try to defend to keep the dog (which you would likely lose if absent some evidence given to the court to show he transferred the dog to you) and also argue in the alternative that if you have to give up the dog the owner at least owes you the out of pocket costs you had in keeping his dog.

  6. #6
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    Apr 2020
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    Default Re: Am I Legally Allowed to Keep the Dog

    I don’t think his mom has proof of him agreeing to give her to me because they talked about it at the place, but does it matter that he was 16 when she was given to us?
    I also asked him multiple times before he female homeless if he could take her back. He would either not reply or lie about asking to.

  7. #7
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting v0510
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    I don’t think his mom has proof of him agreeing to give her to me because they talked about it at the place, but does it matter that he was 16 when she was given to us?
    I also asked him multiple times before he female homeless if he could take her back. He would either not reply or lie about asking to.
    If he was a minor, and his mom gave you the dog, then its your dog.

  8. #8
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    Jul 2018
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting v0510
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    I don’t think his mom has proof of him agreeing to give her to me because they talked about it at the place, but does it matter that he was 16 when she was given to us?
    Yes, it means it is or was the mother's/parents' dog and not your friend's dog.

    The question is whether by "giving" you the dog, the intent was to transfer ownership or only for you to care for the dog pending it being reclaimed.

  9. #9
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    Default Re: Am I Legally Allowed to Keep the Dog

    Quote Quoting pg1067
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    Yes, it means it is or was the mother's/parents' dog and not your friend's dog.

    The question is whether by "giving" you the dog, the intent was to transfer ownership or only for you to care for the dog pending it being reclaimed.
    One would think that if the mother intended to ask them to foster the dog, that the mother would have offered to pay some money towards room and board for the dog.

  10. #10
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    May 2020
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    Default Re: Am I Legally Allowed to Keep the Dog

    keeping the dog?

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