Sacramento, CA asked in Animal / Dog Law for California

Q: My neighbor's dog had puppies in my house. I provide all care and most financial. Who owns the puppies legally?

The owners provide some financial help but have not been very good to the mother of the dog. They pay for food and some puppy training pads. I care for them 24/7 and have since they were born. Initially they said to keep all the pups and they just wanted the mom back but once they saw the puppies, they wanted two of them. I am not comfortable with the placement they chose for the puppies they wanted to keep and I want to know if there is anything I can do about it.

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

A: There is no legal theory that would give you ownership of puppies because they were born in your house. If the mother isn't yours, neither are the puppies. However, if they gave you the puppies, i.e., said "keep them", then they made a gift. Completed gifts cannot be revoked, so I would say that the puppies are most likely yours. However, I suspect that they will deny the "gift" and, if motivated enough, sue you in Small Claims for delivery of the property (puppies) to them. You will then have the burden of proving the gift.

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