How do you determine ownership of a pet after a break up not divorce

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How do you determine ownership of a pet after a break up not divorce

Two people in a relationship together,
live together, and own a dog. They
break up and the man moves out,
leaving the dog with the woman for 8
months. After that period of time, the
man comes back and tries to
reestablish a relationship, claiming his
name is on the dogs registration, and
that hell take the dog back out of spite
if the woman does not want to re-enter
a relationship. Does he still have legal
rights to the dog, or has he forfeit them
after that much time? Illinois.

Asked on March 28, 2019 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Most likely he would be deemed to have given up his rights to the dog by dint of having given or gifted the animal to her during the period when he moved out but left the couple's dog with the woman. A court would most likely find that leaving the dog with her while away evidences an intention to give her the dog. Once something is gifted or given, it cannot be ungiven or taken back.


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