How can I obtain true ownership of a dog from an abusive partner?

Question

My actual boyfriend gifted me and him, as birthday gift, a dog. He doesn’t treat him right when he is stressed or mad or if the dog makes any kind of mess or pees or poops inside the house. I want to break up with him because I can’t tolerate it anymore but I want to keep the dog - the point is he has paid the vet and food but that doesn’t mean he is mentally okay. He even contaminated me with chlamydia. I can’t be with an abusive partner and let him keep the dog, I can’t. Please help, this in an emergency.

Answer

There is an expression, “Possession is nine-tenths of the law.” Although not always true, it means that the person who has possession (and has not stolen the animal) is frequently in a better position, at least initially, than the person who does not have possession. This is because the person who does not have possession often has the burden of suing to try to get the animal returned (and many more people threaten to sue than sue). Also, just because a person sues does not mean that person will win the case.

People who are jointly gifted an animal generally have equal rights to that animal. Therefore, there would typically be no obligation on one “co-parent” to leave the animal behind when moving. The other “co-parent” may sue to try to get the animal returned and/or contact the police. The police do not usually intervene in these matters. In the meantime, it may be helpful to gather evidence that the dog was gifted at least in part to you (even texts and emails) along with evidence that you are the dog’s primary caregiver. Any evidence of animal or domestic abuse may be helpful too.

Consider contacting organizations that help domestic violence victims. Cruelty to animals may be reported to animal control, the police, local humane societies and SPCAs (societies for the prevention of cruelty to animals), and the Illinois Department of Agriculture.

The dog deserves much better. It sounds as if you do too.

Illinois, USA