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Pet ownership?

In October, a friend asked us to care for her cat for a month. She wasn't able to pick the cat up after the month was up because her mom said she couldn't have it at the house. So, we have cared for the cat for almost 4 months now with no contributions from her. Now, my 7 yr old daughter is in love with this cat. We told her it was her cat now and she has helped in caring for the cat. Now, the 19 yr old girl wants her cat back. She hasn't asked about this cat at all since October when I picked her up. What are the laws if any about ownership of this cat, that would have had nowhere to go if we didn't take it in?

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Attorney answers (2)

Reputation Level 4
First, let me say that this question is listed in the natural resource section and should be listed in the property section.

Second, I will give a basic answer and let the property attorneys provide a more specific response. Ownership of the property has already been confirmed by you to originate with the 19 year old girl. The question you may want to know is if the owner has abandoned the property. Abandoned property is property that the owner has voluntarily relinquished all ownership without reference to any particular person or purpose. It is necessary to show an intent to give up both title and possession. After a sufficient time has run for the property to be deemed abandoned, or after the statute of limitations has run (generally five years), the possessor becomes the new owner.

Based on the information provided, the 19 year old girl did not intend to give up title, only possession so that you may care for the property. You have the right of possession of the property against all except the true owner and have a duty to find the true owner and return the property.

Questions remain as to whether or not a sufficient amount of time has elapsed to show abandonment and what if any action you took to return the property or convey that your further care would require the 19 year old girl to relinquish title.
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Reputation Level 18
Mr Crowell is correct but as a practical matter I doubt this girl is going to be able to get the cat back. If she asks again for the cat I would tell her that she owes you X for the care of the cat and take it from there.
1 person marked this answer as good

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