If my engagement recently ended, who is entitled to our pet pig?

He recently cheated on me so I moved out but despite room in my car was not able to pack everything and was going to get the rest later the next week. About 5 months ago we went to an animal sale. there I saw a baby bottle pig that I wanted sooooo bad but he didn’t. However, he said if it went for no more than, I could get it. So I bid was $30 and got it. I raised him from a week old and now my ex won’t give me him back. Can I get my pig back because he did buy it for me?

Asked on December 12, 2015 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he bought the pig then gave (gifted) it to you, then legally, it is your pig. However, practically, the only way to get the pig back if he won't return it would be to sue him and get a court order directing him to return the pig; and if he testifies that it's his pig (he bought it and kept if for himself), the case will turn into a "he said, she said, with the judge then having to decide who is telling the truth...and he's have a slight edge because if you bring the lawsuit, the "burden of proof" is on you, meaning that you have the burden or responsibility of convincing the court that your version is right--if the court can't choose between you (you are both equally credible), then he will win. 


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