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Hi - my name is ***** ***** I'll be glad to assist.
A person can only give away what he/she owns, so if the spouse didn't own the dog, then the attempted gift would be improper and ineffective in terms of transferring the property/dog.
So, the transfer should not be a legal one, and your son should be able to sue for conversion of property to recover his dog if the custodial will not return it.
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