Question
My Ex wife purchased a dog 2 years ago. She signed a contract that only she can have the dog. Now my wife and I are divorced and since I took care of the dog I kept him and he's well taken care of. The original seller said my Ex wife broke the contract and wants my dog back. Is the contact legally binding? Do I have to lose my dog?
Answer
I suggest you consult with an attorney in your state who can review the contract, although since you are not a party to the contract, it is very possible you will not be bound by its terms. The issue of marital property may also be applicable. If the seller wants to try to get the animal returned, he/she can sue (replevin action). The court would review the evidence to determine rights. Given the length of time that has transpired since the sale and that you are not a party to the contract (and it is not clear if the right to reclaim an animal is even included in the contract), the seller is likely to have a very difficult case (although it is unclear why she wants the dog so I am guessing there is a lot more to this). Good luck!
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