Legal Question in Real Estate Law in California

Hi my name is Taylor Andrade and my boyfriend has recently bought me a puppy. Unfortunately through some chain of events I have decided to break up with him however he's trying to tell me that he is going to take the dog away from me even though he bought the dog for me as a gift, I feel like he shouldn't get any ownership in the dog. I feed and take care of the dog, take him to the vet on walks and spend the most time with him. I'm not sure if he'll take legal action or not but if he does how should I go about this situation?


Asked on 12/03/12, 12:00 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Gifts, when given and accepted, are final. The giver cannot later change his mind and recover ownership. Taking legal action - and defending against it - can be pretty expensive, and so is unlikely here, but if a suit is filed, I'd predict you'd win.

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Answered on 12/03/12, 2:56 pm
Anthony Roach Law Office of Anthony A. Roach

First of all, dogs are considered property, except in one courtroom in Van Nuys. They are not real property, however, and are classified as personal property.

Second, gifts are irrevocable, unless they are considered gifts causa mortis. That means your boyfriend would have to prove that he gave you the dog with the expectation that he was dying and that he subsequently recovered from whatever illness was killing him. (Stupidity and annoyance don' count.)

I doubt, therefore, that he has a case against you, but that doesn't mean it is a hundred percent guarantee.

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Answered on 12/04/12, 4:42 pm


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