Legal Question in Civil Rights Law in Pennsylvania

Who gets the cat now that we are seperated?

I was living with a man for about 8 months. Right before we moved in he bought me a cat as a present from a friend of his. He supposedly gave this friend $20 for the animal but there were no receipts or written proof. In early May I left him and moved away. I originally told him I was leaving the cat but then changed my mind and took it with me. I left him a note telling him why I did so.. My reasons were that I was afraid that he would not take care of the animal, as he had shown his inability to do so while we were still together. So, out of concern for the animal, I took it with me. After I got home, I got it all its shots, had it tested it for various illnesses, and it was treated for ear mites. I have vet bills and recipts showing all of this, none of which had been done while I was living with him. Now he has contacted me saying that he wants ''his'' cat back and is threatening to take me to court if he has to. My question is, Does he have a case? Am I going to loose my pet?


Asked on 10/08/02, 11:01 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Who gets the cat now that we are seperated?

Once a gift has been given the matter is closed. The law does not permit the re-taking of a valid gift. Your decision to leave the cat and your change of mind do not matter. You may have decided to make a gift of the cat to your X at one point, but because you did not follow through there was no gift. The cat remains legally yours.

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Answered on 10/09/02, 10:40 am


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