Legal Question in Family Law in Massachusetts
pets in breakup
Two years ago I gave my boyfriend a pair of lovebirds as a gift, but since he could not keep them in his apt they stayed with me. About a year ago we split up. Now just to be vindictive he wants the birds. He is still living in the same apartment, so i know he cannot take them. I am attached to them now. Is there something simple I can do that will not cost much. Do i need a lwyer for this. Should i just give him the birds, even if he might hurt them? I am not sure what kind law this is.
1 Answer from Attorneys
Re: pets in breakup
I doubt that you should let him take the birds. Indeed, if you reasonably fear he would harm them, you should refuse to allow him to do so.
The law based on the facts given is that the birds are his, so you may have to compensate them for your refusal to return them (it is called "conversion" in tort, though the defense of the animal may be a defense to the claim).
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