Legal Question in Real Estate Law in California

Re: Dog given as a gift, who has legal ownership

Absent a written or oral agreement, it is the conduct of the parties that will control. If the dog is registered in your friend's name, that's a big indicator that the dog is your friend's. If it's in the girlfriend's name, then there is at least an argument to be made that your friend was just taking care of the dog for her.

But who paid for the dog's care? Food? Shelter? If your friend cared for the dog as if it were his own and paid for all costs associated with the care, then it seems like the girlfriend's demand to return the dog is motivated by anger more than anything else.

If the girlfriend gave your friend the dog as a gift, and your friend treated the dog as his own for the next three years, and the dog is registered by your friend, it's his dog.

Keep in mind that the only way she can force him to turn over the dog is by obtaining a court order. Small Claims court has no power to do this; it's called equitable relief. She would have to go to "regular" court to get an order. This would be expensive.

The police would not likely get involved, because it sounds like a purely civil matter.

Good luck.

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Re: Dog given as a gift, who has legal ownership

A gift is complete, and ownership is transfered from the donor to the donee (recipient), when the thing being given is delivered to and accepted by the donee. It is also necessary that the giving be accompanied by words, or circumstances, making it clear that the donor intends, at that time, to make a gift.

A subsequent change of mind makes no difference; it does not un-do the gift.

I am not an expert on the subject of dog registration. Do you mean registration with a breeders association, having to do with pedigree or that sort of thing, or do you mean purchase of a city dog license? In either case, I think these kinds of registrations have a rather slight legal importance -- they would only be rather weak evidence of ownership, and certainly not conclusive proof. This is far different than title registration for things like motor vehicles, boats, aircraft, etc. or recording a deed to real property, where the registration or recording is prima facie evidence of ownership, possibly subject to rebuttal by clear and convincing evidence to the contrary.