Legal Question in Real Estate Law in California

My story sounds ridiculous, but here it is:

My son (25 years old, and lives with me to take care of my 77 year old mother who has dementia) gave his now ex-girlfriend a dog in October 2011. The dog, Stella-Bella, was always here, because the girlfriend was never allowed to take the dog to her grandmother's house where she ostensibly lived. (However, she and her belongings were here 24/7 for 5+ months.) They broke up in March 2012, and the girlfriend did not take the dog when she left, again because her Grandma nor her mom would let her have the dog at their houses. The girlfriend is now angry at my son because he went on a date last week with someone new (10 months after they broke up!) and she has called and said she is coming to take the dog and find her a good home. Well, she hasn't paid for food, inoculations or licensing in all that time. My son feels like the dog is now his. My house is a dog heaven...I have 2 dogs of my own, and foster a dog from a local rescue. I have 1 fenced acre in the country.

What can we do?? Or what can the ex-girlfriend do/not do about the dog?

Added complications: the ex-girlfriend is pregnant and due in 3 weeks. She SAID that the baby is probably my son's, and she has been pulling his strings for the past 4 months, alternate saying she will sue him for child support, or won't let him see the baby, depending on whether he does things she demands of him, despite them NOT being together. He tries to keep her calm in case the baby is his, but he is getting really stressed out. He has told her in no uncertain terms that he is NOT being there for her, but for the baby. He has already decided that the minute a DNA test comes back after the birth, he will be taking responsibility if the child IS his, including wanting shared custody. At this point, he is considering asking for full custody because she is acting so crazy. I am sure she is trying to punish him because she is unable to manipulate him to do what she wants. She also says things like "we are a family," not wanting to believe he wants nothing to do with her.

P.S. : We are not some uneducated ghetto family. I live in a very nice area of custom homes, am a college graduate, upper-middle class. The ex-girlfriend, however, was born to a 13 year old mother, and handed off to live with her grandmother because her mom was mad that she had ruined her childhood. When asked how she plans on raising this baby, she replies "AFDC, WIC, and Medical."

Barbara


Asked on 1/26/13, 4:15 pm

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

First, as you no doubt know, the baby most likely is someone else's - March 2012 to February 2013 is 11 months. As you no doubt also know, it's pretty easy to rule someone out as the father by simple, old-fashioned tests as well as DNA.

I think the dog legally belongs to the girlfriend. A gift, given and accepted, transfers title. I suppose you could argue that since she never took the dog to "her place" (supposed place, anyway), she never accepted it, but I don't think that'd fly. Or, you could argue that she gave the dog back by abandoning it. That might work in court. Might.

I can't officially recommend just telling the young lady to concentrate on caring for her baby and forget about the dog, but unofficially I'd think that's where her thoughts ought to be, especially if she has limited means. She doesn't need another mouth to feed.

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Answered on 1/26/13, 7:13 pm


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