Legal Question in Real Estate Law in California

A puppy was abandoned to me 3 months ago. Before I began caring for her, she would spend up to 8 hours a day in a crate. I have raised her and trained her. She is in a stable environment and doing very well. She is bonded to me. I want to adopt her. Her original owner is now asking me to give her back. The dog doesn't really know the original owner anymore. This person hasn't helped at all with any of her training and development. The original owner will not provide proof that this dog will go to a good and safe home. I feel that this move will stress the dog out and isn't emotionally healthy for her. She is only 7 months and I have worked really hard with her during her development stage. What are her rights? What are my rights? How can I convince a judge, if necessary, that it would be in the dogs best interest to stay in my home? Thank you.

Desiree


Asked on 10/27/10, 10:22 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I've researched this problem in the past, and do not find any particular law that would transfer legal ownership of a pet to a long-term caregiver. So, I suggest you consider taking the position that the puppy was a gift, if that's factually tenable. You do say it was "abandoned to me," and that rather sounds like the making of a gift. The issue would be whether the owner's actual intent at the time, three months ago, was to relinquish ownership to you. If so, and if you accepted the gift, the former owner cannot now change her mind and demand the dog back.

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Answered on 11/02/10, 9:15 am


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