Seaside, CA asked in Animal / Dog Law for California

Q: Can the dog breeder take my dog back if they agreed to giving the dog to me for free? What can i do to keep my dog?

I got my dog from my ex at the time who's father is a dog breeder, he gave me the dog for free but now that I'm no longer with his daughter so his daughter is saying to bring the dog back. However the dog has been completely under the care of my mother and I since we've gotten her. I'm not sure if my ex is threatening me or what but is there anything i can do to keep custody of my dog. She's registered under my name to local authorities as well.

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2 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I don't think legally you have to give the dog back, since it was a gift to both of you. I would just wait it out and see what happens. It is in your favor that the dog is registered to you.

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: A completed gift cannot be revoked.

Civil Code Section 1146. A gift is a transfer of personal property, made voluntarily, and without consideration.

Civil Code Section 1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.

Civil Code Section 1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver.

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