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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My husband gave our 1 year old family dog away 2 weeks ago.

Customer Question

My husband gave our 1 year old family dog away 2 weeks ago. A friend of his found a willing couple to take on the dog because we were becoming overwhelmed with the behaviors and to seek peace, he gave it away to a couple about 5 miles away. At the end of the first week we went to visit the dog and I expressed to the wife in the couple how devastated me and the kids were at the decision. I have been asking my husband for this 2 weeks to request the dog back. He finally did today, through the friend, and the couple said no. Do we have any recourse to be abe to get the dog back?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Unfortunately a gift of the dog is not rescindable. The gift cannot be set aside.

A gift cannot be taken back unless the gift was conditioned upon the occurrence of a certain event. For example an engagement ring is considered a conditional gift. A gift that is conditioned on the marriage. If the marriage does not take place for any reason, the gift fails and the ring must be returned. However your gift of the dog does not appear to have been conditional and therefore may not be rescinded.

So sorry