Q: What decides the ownership of a dog that was given as a gift.
I received my dog as a gift when I was a child from my father. Now that I am an adult, I plan on moving out with my dog. But my family and father are now refusing to let me take him. Am I allowed to just take my dog from the home? He has no proof of ownership, meanwhile, I have years worth of proof that I am the primary caregiver.
A:
The transfer of ownership in a gift is complete when the gift is delivered to the recipient. Once the dog was given to you it became yours, unless you gifted it back.
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A:
If the dog was a gift, then it is yours to take with you.
Civil Code 1146. A gift is a transfer of personal property, made voluntarily,
and without consideration.
Civil Code 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 1148. A gift, other than a gift in view of impending death, cannot
be revoked by the giver.
Sounds like there will be a dispute as to whether or not there was a gift to you. Being the primary caregiver can be circumstantial evidence of ownership, but it is not conclusive.
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