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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80215
Experience:  Over 5 years in practice
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My partner and I have split up but about 2 months ago he got

Customer Question

Hi My partner and I have split up but about 2 months ago he got me a puppy and now is saying he wants it back?
JA: Where are you? It matters because laws vary by location.
Customer: He is saying he wants the dog back by the end of the week or he will come and get it
JA: What steps have you taken so far?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I left the property our property and been at my mum's since Saturday
Submitted: 12 days ago.
Category: Law
Expert:  Jo C. replied 12 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 12 days ago.

What can I do for you?

Customer: replied 12 days ago.
I want to know what rights I have in law as I got given a puppy as a gift from my now ex partner and now he is saying he wants the dog back by then and of the week or he is coming to get him
Customer: replied 12 days ago.
Please reply on here
Customer: replied 12 days ago.
I want to know that I'm in the rights to keep the dog. He is under my name on his microchip my ex send picture to my mum saying it's a birthday present for me and also a video of me receiving the dog on my birthday
Customer: replied 12 days ago.
Expert:  Jo C. replied 12 days ago.

Thank you. You could refuse to return him on the basis that he is your property because he was a gift to you. If he went to court then he could argue that it was a joint assets of the relationship. He won't do that though. He will just say to collect him and it is quite unlikely that the police will be interested in this and so you would have to sue to recover. The issue isn't just whether or not the dog is in your name. It also considers things like who looks after him on a regular basis

Expert:  Jo C. replied 12 days ago.

I am sorry but I have to tellyou the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer to everylegal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a countycourt judge in a civil case or from the magistrate in a criminal case heard inthe magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 12 days ago.
He is with me more than him and he has even stated in a text that he wants the dog back by the end of the week? Surely courts will see the dog is mine.
Customer: replied 12 days ago.
Will the police not turn up if he is threatening me? Which he had already said he would get me f**ked up if I took the dog
Customer: replied 12 days ago.
Could I get a restraining order against him coming near me or the dog?
Customer: replied 12 days ago.
Thanks
Expert:  Jo C. replied 12 days ago.

I am not sure that a court would say that. I think there is a very real risk that the judge would think this is a joint assets. The police won't be interested in this. You can't get a restraining order out against him because this is a perfectly legitimate property dispute. I'm afraid that you cannot take out restraining orders to stop them doing what they are lawfully entitled to do

Customer: replied 12 days ago.
I basically have to be on my own with this and I either give him back or I don't know what the other options is?
Expert:  Jo C. replied 12 days ago.

Yes, this is a perfectly valid property dispute.  You can't call the police about that.

Expert:  Jo C. replied 12 days ago.

And, in fairness, the police should very rarely be called anyway.