San Diego, CA asked in Animal / Dog Law for California

Q: I recently moved in with someone and decide to give them my dog as a housemate gift. However, my terms were to be house

..Mates for the duration of the lease. Problems happened so I decided to move out after 3 weeks. I then asked for compensation or I’ll reclaim my dog since terms weren’t met. Now she has blocked me and will not pay for insurance or my dog. The dog is under my name legally. Could I purse legal action to reclaim her?

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You could pursue action, but your chance of success is small. A gift is property given to another person without any compensation or "consideration" (legal word for value) therefore. There are no strings attached to a gift, you cannot pull it back. Once the transfer of the gift is complete, the property then belongs to the other person, whether you legally remove your name from title or not. (except in cases where you have to take a legal action, as in real property). It is not clear what insurance you are speaking about. You gave her the dog, and you moved away from the house with the dog. You do not have any further responsibility or rights to the dog. A dog is not like a car that you have to transfer the registration.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.