Please help me :(

I have no idea where to post this and I apologize if it's the wrong area.

My ex-roommate gave me her cats when she up and moved out. Now, some two months later, she is demanding them back. She never even took proper care of them while they were hers. They bonded with me, would sleep with me, not her. They would nap in my room, not hers. They were happy to see me and greet me, not her.

So far I've ignored her requests (they are not in person, only by text, etc.) I do have receipts for all food, litter, toys, bowls, litter boxes I've bought them since she left. (I also have the receipts for food for her dog she left with me for 2 weeks before she bothered to come get it.)

Do I have to give the cats back to her? Id rather battle her in court if I have to. *claws out*

Just refuse.  They are yours now.  Tell her "I don't think I can do that.  I've bonded with them.  They've bonded with me.  They're mine now."  Leave it at that.  If she's a good friend and responsible person, she'll leave it alone.  She gave them up.  She has no rights.  Don't apologize to her.  Don't make it a fight.  Just refuse. 

She's anything but responsible but if she asks again, I'll steal your reply. Thank you.
 

If she pushes it, just casually mention to her that you did not have an agreement that you would return them when she wanted them back... It was your understanding you'd be keeping them forever.... Also, that possession is 9/10ths of the law.  The law would be in your favor! 

I had friends that did this last year.  They got a kitten (Morgan La Fay) from me.  When they got pregnant, they gave her back to me.  Well, when the baby came, they decided they wanted her back.  I nicely told them "I don't think so.  I can't give her up now.  She's my baby forever.  Sorry."  They were crushed but later they realized it was for the best.  We are still friends. 

Thanks.I'm moving out of state within the next month and am taking them with me. (Driving, not flying.)

Glad to hear you are keeping those cats. :nod: Good for you, they belong with you now and will be better off with someone who loves them and will care properly for them. Good luck with your upcoming move with your two wonderful kitties. :rub:

When a person gifts something to someone, they cannot then decide (at a later date) that there are conditions to the gifting of said item, animal, etc. I know we treat our animals like people around here (at least I do), but according to the law they are considered property as much as bicycle, or a set of dishes.

Once she gifted the animals she relinquished all rights conditional upon only one thing-- that you take care of them. You have done that.

The burden of proof would be hers to prove that she did not give you the cats, and that it was a temporary situation. It would be hard for her to prove this, if she even wanted to try and take it to court. Were there any witnesses that heard her mention giving them to you outright?

Also, In talking to her I wouldn't get into a lot of arguing with her by text b/c it's frivolous, and those text messages can be saved and used against you in court. You may say something you don't mean, or somehow incriminate yourself accidentally without realizing it.

I'd call her and tell her "Look you gave me the cats, you cannot decide now that you want them back now. The law doesn't work that way. The law is on my side. Talk to an Atty if you don't believe me" keep repeating the same sentence above in different ways  as she complains then hang up.

Oh, and if she ever gets belligerent, hang up immediately. Don't listen to her run her mouth. Definitely don't get into how the cats like you more than her, yaddda, yaddda, yaddda. That is all irrelevant and will most likely make her madder.

Hope this helps.

They are your cats now. Even if she had not gifted them to you, they would still be your cats. In most states, property left somewhere over 30 days is considered abandoned, and animals are mostly considered to be property.  I spoke to my friend, who happens to be a lawyer, about a similar situation not too long ago, and she told me that. bigperm20 gave a very good suggestion about not talking, texting, or otherwise discussing the matter with her. You don't have to.

I am glad they are staying with you and being loved and cared for.

Make sure she doens't have a means to getting into your place while you are away.  Change locks if needed.  Also talk to your landlord if you are renting/leasing and let them know she is not be be let into your place.  Paranoid, I know.  :-|