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Topic Dog Boards / General / ownership Q for any legal minded people!
- By Nikita [gb] Date 13.06.05 16:04 UTC
What is it that ultimately determines the ownership of a dog?  Is it whoever simply owns it, as known by family etc, or is it who paid for it initially, who pays for the upkeep and so on?

Curious as my brother doesn't look after his dog properly, he ignores her for the msot part and walks her for about 10 mins most days, not all - she's a dobe X rott, and needs an hour or two at least.  I feed her and am aware of when her booster is due (he only booked her for her last one after dad threatened to rehome her, she was a month overdue), and keep her weight in check.  Dad pays for her food and medical bills, and I believe brother's ex paid for Tia herself, from the Dogs Trust about 5 years ago.  Her microchip is still listed to the ex, as brother never bothered to sort it out.  Same for his cats, the financial and care situation with them is the same as well.

I ask because I'm curious as to who has the ultimate control over her - i.e., if we were to rehome her, could we do it without my brother's consent - does he have any legal right to the dog?
- By dvnbiker [gb] Date 13.06.05 17:13 UTC
I can only tell you of my run in with law over this.  Split up from hubby and took my rottie x lab with me with his agreement.  He used to live outside and came in at night.  Came home from being out for a couple of hours and he has been dogknapped by my husband.  I rang the Police and got told than unless I could produce a bill of sale for him they could do nothing.  As far as the law is concerned a dog is a stick of furniture.  I would imagine that if the KC papers would also be proof. 

Unfortunately I have never seen my dog since and dont even know if he is alive today! 

Claire
- By MINI-MEG [gb] Date 13.06.05 18:12 UTC
rearly sorry clair to here about your oh taking your dog,thats men for you! as for op if it was me ide contact the ex girlfriend and get concent off her to rehome the dog as it microchipped  in her name.if you cant find her then its up to you wether you rehome the dog.coz unless he has proof thats its his dog ie papers in his name! then im not sure he can do much as he has no legal rites to the dog as its in his exs name not his! :) i could be wrong tho!
- By Nikita [gb] Date 13.06.05 19:27 UTC
That's what i was thinking - he has no proof that I know of.  She certainly doesn't have any KC papers, being a bit of a mutt :)

For the moment she'll stay - the situation has been unsuitable for her thus far because brother ignores her and doesn't give her anywhere near enough exercise.  I haven't been able to walk her till today because she is so strong (and dodgy with other dogs), but amazingly I tried her with a halti harness today and she was much better - I could control her pulling and her reaction to dogs, so for now at least I think she'll be okay - I can give her the exercise she needs.  Whether I'll still be able to when business picks up, I don't know - I already have my own two dogs needing two hours a day, separately at the moment, so whether I can squeeze in 5 hours walking *and* work I'm not too sure!  Of course, fi the recall training goes well it'll be 3 hours, but even then it'll be tricky.  We shall see!  Who knows, it may be that things will stay as they are until the house is sold and we all move our separate ways in a few years - maybe Dad will do the smart thing and tell brother he can't take her with him!

Thanks guys, was figuring it was a proof of "property" thing, harsh as it sounds.  Clair, that is horrible about your rotti - I know of someone on a dobie forum who had the same thing happen, she lost both her dobes - got one back I believe, but never the other :(

EDIT - didn't see your reply, dogdeli :) I didn't realise the DogsTrust still technically owned her.  I have thought about taking her back in the past, but sadly I don't know that it's an option - I honestly think she'd go nuts in kennels :( she was there for at least 18 months, possibly 2 yrs, before brother and ex took her on - apparently they tried to dissuade them, but not no avail.  Will keep it in mind though, ta.
- By spettadog [gb] Date 14.06.05 08:03 UTC
Hi Nikita,  Didn't see your additional post before posting another!!!!  Really, you have no ownership over this dog.  The dog belongs to The Dogs Trust and that's that.  What about contacting them and letting them know the situation.  It may be that the dog could stay with you until a new home is found for her by DT.  I know its hard but you really can't take on the responsibility of another dog when you are trying to build a business and have 2 dogs of your own.  The Dogs Trust do a marvellous job.  One of my closest friends work for them and, believe me, the dog would have a better life there than the one she is enduring at the moment.  We'd all like to help all the animals that aren't looked after properly I know but the plain fact is that we can't.  If your brother can't look after the dog and cat then he shouldn't have them.  It's unfair that you and your poor dad have to take responsibility for these animals.  Let me know how things go.  I'd be really interested to learn. 

Annie

PS:  Don't be too hard on yourself.  This is not in any way your responsibility.  This sort of thing happens every day.  Take care.  A xxxx
- By Sarah Gorb [gb] Date 14.06.05 08:53 UTC
That is terrible. If my OH ever did that, I would track him down and do unspeakable things to him. I get my Rottie pup in 13 days and all the paperwork is in my name. I paid for her, I am the one that will be walking her the most and caring for her.
Hearing your story, I am going to put that paperwork in a safe.

When you get a dog, from a breeder or a rescue centre, you sign a contract and in circumstances like the Nikita, the dog should be given back to the centre of the breeder if you can no longer take care of it.
- By spettadog [gb] Date 13.06.05 19:27 UTC
Hi there.  As the dog originally came from The Dogs Trust it is The Dogs Trust that owns her.  When you get a dog from them you only "adopt" it.  If you were to rehome the dog it would have to go back to The Dogs Trust.  It appears to me that your brother is not taking proper care so if you feel it should be rehomed then contact DT and they will take the dog back. 
- By spettadog [gb] Date 14.06.05 07:55 UTC
When you decide to take on a rescue dog from Dogs Trust you don't purchase the dog, you merely "adopt" the dog for life for a small fee.  This fee covers the operations of the organisation and allows it to do the valuable work that it does.  Hence, if you have behavioural problems with the dog THe Dogs Trust will help you sort it out.  If your circumstances change, The Dogs Trust will take the dog back AND if THe Dogs Trust ever finds out that a dog is being neglected they will immediately remove the dog.  THe Dogs Trust does wonderful work and aims to provide the best homes for all their dogs.  Unfortunately, some dogs do slip through the net as this poor soul seems to have done.  THere is no issue here about ownership.  The dog belongs to The Dogs Trust and I would urge you to get in touch with them straight away and let the poor dog have a chance of a better life with somebody who will care for it properly.
- By Blue Date 13.06.05 22:57 UTC
Who bought the dog? how old is your brother ? What was the conditions on the Dog trust purchase? was it a pruchase ?
- By Nikita [gb] Date 14.06.05 18:13 UTC
The dog was (I believe, but not 100% sure) paid for by brother's ex (given my brother's financial abilities, it is likely).  My brother is 30, he would have been around 26 at the time.  I don't know the conditions of the purchase as he was living with the ex at the time, I wasn't present when they got the dog.

The really frustrating thing is that initially, Tia actually had quite a good life with my brother and his ex - the ex paid for a behaviourist to try and deal with her dog aggression issues, took her to a basic training course, and gave her two hours' walking every day, much of it off-leash running.  It was only when the relationship broke apart and my brother became solely responsible for Tia that her situation became what it is.  That just makes it worse, in my book - that she has had to put up with so little exercise and attention after having so much of it for a couple of years.  The other two dogs they had - a retriever bought as a pup, and a rescue mutt - stayed with the ex, and went on to better places - the mutt to her mother, and the retriever to a 3 acre farm.  But because Tia is my brother's dog, as they saw it, she gets lumped with her life as it is.

I will talk to Dad and see what he is willing to do - annoyingly it comes down to him in the end, given that he owns the house!  We shall see.  If there is any positive development for Tia I will let you all know, and thanks for the info.  For now I will keep up the walks - I took her out for an hour this morning on the halti harness, and apart from a couple of nuts displays at two jack russels, she was fine.  Will keep you posted!
Topic Dog Boards / General / ownership Q for any legal minded people!

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