Q: Can an ex keep a dog that was given as a gift? It's the ex's name but was a gift.
A:
Were you ever married to the ex?
If you were married to the ex, then it depends on whether the dog was separate property or marital property. If the dog was separate property, then, the ex may keep the dog. If the dog was marital property, then you have a claim to the dog.
In deciding whether property is separate or marital, courts look to many factors surrounding the circumstances of how the dog was received. Because I do no know the exact circumstances, I cannot tell whether the dog was separate or marital in this case.
If you were not married to the ex, then this is a contract dispute. If there was "donative intent" to give the dog to the ex outright (with no intent that the other partner have any interest in the dog) then the ex may keep the dog. However, if there was intent that the other partner share an interest in the dog, then the other partner may have a claim. Again, for courts to decide whether there was donative intent, courts look to many factors surrounding the circumstances of how the dog was received.
For some of the statutes dealing with contracts, including donative intent, click on these two sites:
https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKSTA2&level=1
https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST15&level=1
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