Question
My roommate and I got a dog, but she is on the adoption papers because she is 21. Since we have had her she does not take care of her at all. I take care of her, I cover the vet bills, and I buy food, etc. She is saying legally it is her dog. But how is that possible if she isn't even caring for her? She is chipped under me as well. I paid the adoption fee but she used her card.
Answer
Ownership is not always clear when people acquire an animal together and share in the animal’s care and expenses. People who believe that their animal is being wrongfully withheld (which can happen when one roommate moves out and takes the animal), can sue (replevin action) to try to get the animal returned. The court will consider who adopted the animal (and having one’s name on adoption papers can be very compelling evidence of ownership). However, the court may also consider what transpired after adoption, such as who has been the animal’s primary caretaker, paid for the animal’s needs, and listed as owner in veterinary and other records (microchip, license, etc.). I hope that you and your roommate can amicably work out a pet custody arrangement that is in the best interests of the dog.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.