Philadelphia Business Daily

Ownership?

My sister bought a dog about 5 or 6 months ago and brought it to my parents house. My mom loves that dog and has been caring for it. Only time my sister is there is to take a shower. She has never done anything for that dog. But she has been making threats to take the dog and in fact has while my mom was at work. She is very irresponsible. So if worse comes to worse can my mom claim ownership?

Public Comments

1. whose; name is on the papers
2. i would think so if she can prove your sister doesnt give it adequate care!
3. possession is 9 tenths of the law and she has possession does your sister have paper work saying its hers ??
4. Depends on whose name is on the dog's papers. However, Your mom may still be able to get it by saying your sister abandoned it and going to court.
5. I would think if it boiled all the way down to small claims court, your mom would be able to keep the dog. The ASPCA might give the dog to your sis at first if she can show proof she bought the dog. But if it were to wind up in front of a judge, if your mom could show proof she paid for food, vet visits, and anything else the dog needed....the judge would likely leave the dog with your mom. (uneducated guess of course)
6. It's a tricky situation. How would your mom claim ownership? By calling the police? If so, and if your sister has a receipt for buying the dog, or has registration papers saying that the dog is hers, the police won't do anything. In fact - they probably won't even respond cuz they will say it's a "civil" matter - not a "criminal" matter. In that case, your mom could hire a lawyer & take your sister to court & try to prove to a judge that the dog should be hers. However - that would take a lot of time & cost a lot of money. Your mom really has no recourse in the situation. Your sister, unfortunately, can take the dog if she wants. Your mom should talk to her & tell her that she either needs to GIVE the dog to your mom, or take it home with her.
7. well is your sister an adult? im sort of confused with your question... if she is an adult then it is legally hers...but if you suspect that the dog isnt being taken care of sit her down and ask NICELY if she really does have the time to care for a dog and such...dont go right out and say she doesnt deserve to have one. tell her that if she no longer wants to keep her dog...then her mother might gladly take it...and she can still visit the dog and stuff. but if she's under 18 and lives with the mom, its legally the mom's isn't it? even though the sister might have paid for it with her own money the mom is the one that signed the adoption contract...since she's over 18.
8. If your sisters name is on the papers than no your mom can not claim ownership. If there are no papers than she can claim ownership unless your sister has proof that she brought the dog. But every state has different laws regarding pet ownership. I suggest that your mom call your local ASPCA of Animal Shelter explain the situation to them and see where she stands with the ownership laws in your state. I hope every thing works out in your moms favor.
9. I assume you sister is an adult. If so ownership will generally be determined by whose name registration papers (if purebred) and/or vet records are in. This would be used by a court as proof of ownership
10. Probably so. I hope it doesn't turn into a legal matter. Hopefully you can all sit down and reason with the irresponsible sister over the matter and work it out.
11. My husband the lawyer says that possession is 9 points of the law. If the dog is in your mom's possession, and especially if she can show vet's bills in her name, your sister wouldn't have a leg to stand on. No policeman or court would take the dog from her and give it to sister. If the dog is in sister's possession, it would be hard to change that. If sister has access to the house/dog and mom wants the dog, maybe she better change the locks? I take it sister has another place to live?
12. Legally, dogs are considered property. You said the dog was purchased by your sister. If she has a receipt, or bill of sale, or any other records proving that she bought the dog, then legally it's her property.
13. When she bought the dog, do you have any clue what she did with the papers proving her ownership of the dog? If she's irresponsible, you might luck out and she could have lost them.. If not, do you know if she registered the dog in her town? perhaps checking if the dog has a town tag? if not, or if you are unsure you could try having your mom registering the dog. that could help.. Also, have your mom save receipts to prove that she has been caring for the dog and make a note of people that know she and not your sister has been doing it. Hopefully the truth would come out if it comes to a court case.