I'm with Roz, what's up? If it was a gift and she's taking good care of the dog you should let it go.

Standard disclaimers apply. You are not my client. I am not giving you legal advice. I am only stating my personal opinions. This is information that can be obtained by many public websites, like http://www.findlaw.com. You should retain the services of an attorney licensed to practice in your jurisdiction. Do so as soon as possible. Ok?

Generally, gift is complete when there is intent to make a gift, delivery of the gift (actual, symbolic, or constructive), and the gift is accepted (by the donee or his agent). Constructive delivery occurs where the access to property is controlled by the access to another thing (e.g. a key to a house, or a title to a car).

Hypothetically, one in a situation similar to yours could argue that you had not completed delivery because you did not transfer the papers or change names thereon. While a person may establish constructive delivery by showing that, for example, a car title was given or transferred, it may not necessarily be dispositive in a situation where you may have already performed actual delivery by giving her the dog.

Your additional facts regarding her promise, if any, to pay for the dog are really questions of contract law. Is that oral (ALL contracts are verbal) promise to pay you back for the dog enforceable? That's a question of state law in your jurisdiction.

It sounds a little like a custody battle to me. Have you asked her for the dog? Do you really want the dog? If he's happy, and she's happy, maybe this is one of those situations where it's best for all to let sleeping dogs lie... :rolleyes:

If not, "hire early, hire often" as we say. Lots of lawyers will give you advice in a consultation, and you may be able to find out what the law is by talking to local rescue groups, who often have experience in taking dogs away from owners under other circumstances. You may be surprised to find how much overlap there is in the law, and that much of that experience can be put to work for you.

$1,500 - most states you can do this in small claims court. Then she might counter claim against you for veterinary costs, boarding, feeding, etc.

Why go there? Sounds like a ex vs ex pissing contest. Just don't get any future girlfriends a puppy.

I've been a paralegal for 13+ years. Yes-only the attorneys (and staff <img src="/ubbthreads/images/graemlins/smile.gif" alt="" /> ) get rich here. We actually drafted a divorce settlement with visitation between the parties with the dog. The dog switched households weekly like a kid. Shared holidays too.

I started to list things in a, b, c, d, fashon but lets go this rout>> "you" know what is moraly right & what is moraly wrong, i hope so your a cop, no? than answer the questin for yourself.
points to ponder>>
>your intital intent was to give it to her as a gift.
>u did not expect/intend to get compensated for the gift.
>now the relationship has gone south, so could u just be looking for a way to hurt her???
>women are more emotional creaturs than us, so taking the dog away WILL hurt he alot. if that is your goal then go for it. it could give u some satisfaction, temporarilly mybey?
>or u might want to just cut your losess & just say good by.

Cut your losses and move on with your life.

Okay folks, so this doesn't turn into a "pile on me" thread, let me attempt to clarify a few things:

First, yes I did give the dog to her as a gift. Second, at the time, we had already been split up for over 18 months (we have remained, up to this point, very close friends.) Third, NO I am not trying to "hurt" her or "get back at" her.

Without getting too detailed and boring you with my life, she and I dated for just over 3 years. We have been apart for almost 3 years. I bought the dog just over a year ago as a graduation gift from nursing school and to replace her previous dog of 8 years, that had died in her arms a few months earlier. We have remained very close, if not best, friends since breaking up (though admittedly, it has been an emotional roller coaster ride for us both for the last 3 years -- history, you know.) We have had a "rough time" of it over the last few weeks, however. Hopefully, things will work out (as they always seem to) and we will get past this. As far as our relationship goes, the dog is not going to be the decisive issue.

The thought that I would one day even be CONSIDERING taking the dog back, never occured to me until recently. The primary reason for this is simple (and yes, being really mad at her probably has something to do with it): A part of me considers the dog partially mine.

I did the initial research; I paid for the dog; I drove 15 hours each way to pick him up; I did the initial raising, socializing and imprinting; I have paid for a majority of the vets bills; I have invested over 300 hours (to this point) training the dog in obedience, tracking, protection, herding, and drafting; I had the OFA/CERF prelims done; I "babysit" the dog a few nights per week when she is working nights; I will title the dog, when it is ready, etc.

All of this because she wanted a "...well trained dog with lots of letters after his name."

She has done nothing with the dog, other than some basic socialization and allowing the dog to get in a position where it has been "roughed up" by other dogs 2-3 times (admittedly through simply inexperience, not malice.) She is a good pet mom, basically.

Quite simply put, even though the dog was a gift, I have MUCH, MUCH more time, effort and money invested in this dog than she does.

And yes, I am FULLY aware how devestated she would be if I took the dog away. And honestly, I don't want to do it. I am just gathering information so I know what to expect IF it ever happens, and right now, there is a 99% it won't. For as bad as things are between us right now, I'm hoping we can resolve it and quite frankly, I doubt I would put myself (or her, for that matter) through it.

I'm just trying to gather information and learn a little, folks.

I hear ya-not judging at all on this end. Good luck.

Hey Scott. I didn't mean it to be a rag on you. Let me clarify what I was getting at hopefully better.

From my 13+ years in various litigation - Regardless of what legitimate legal advice you get, attorneys will not guarantee an outcome for you. Even if you are "legally" entitled to the dog, you might not end up with it. If/when it goes before a judge, the judge may decide she can give you some money for the dog and she keeps the dog, or you don't get the dog or any money for it. There's really no way to "force" her to turn over the dog. You might get some money for it.

I've seen more than once when a judge makes a ruling that's not in the least bit based on what the law says. I've seen attorneys say to judges "you can't do that! that's not the law." and seen judges reply-"so appeal it. that's my decision." I'm not condemning judges universally. I'm just saying I've seen some decisions that make my (and the attorney's) jaw drop, the decision made no sense based on what the law says.

It just seems you are currently exploring this being led by your emotions. Try to take your emotions out of this and analyse it strictly with your head and see if it's still such a dilema. In your head replace the dog with an inanimate object and see if it's still such a dilema.

I understand a living creature is not just any old object. Don't get me wrong. But in most places a dog is legally just a possession.

Hope that clarifies. Not raggin'.

roz.

This isn't legal advice, it's actually based on logic. If you have trained the dog in protection it seems the arguement could be made that the ex-girlfriend is unqualified to handle him. His recent mishaps with other dogs would seem to support that she is unable to control him. These facts not only support that you may be able to take the dog, they also support that perhaps you should take the dog. From what you have said this is a very large dog that she's invested no time in learning how to control. It seems like a potentially bad situation.

Sorry Scott, did not mean to get harsh or chastising like towards you. I tend to do that sometimes. but it just seams to me that u r hurt & r trying to get back at her, jmo. im assuming that in your head (even it not articulated) u r thinking/feeling something like "i went out of my way (to train...)& spent all this money (on this dog)for her/to make her happy & now she, says/does ______ (fill in blank)to me. how could she be so ungrate full/hurtfull". & u know what Scott, you might be 100% right! BUT i still say the best thing is to let it go. Who knows where this relationship will end up, if u just let it go. But if u do not let it go u can almost for sure know that it will go nowhere. at best. at worst it will just escallate with her trying to get back at u for taking or trying to take the dog...its a neverending cycle.
Good luck to you
Nick