My friend gave me a dog now wants it back. What can I do?

////My friend gave me a dog now wants it back. What can I do?

Question

A friend of mine gave me a dog 3 days ago after he was asked several times if he was sure on rehoming him. Two days later he texted saying he would be back in a week to get the dog. His reason was his partner missed the dog after telling him to rehome the dog because she couldn’t handle a puppy and a new born baby. But still pregnant, decided she can all of the sudden handle an 8 month old puppy whom was underweight and had bald patches when we received him. What can I do?

Answer

People who give away or sell their animal generally have no further legal rights to that animal. The person who adopted the animal or purchased the animal does not typically have to return the animal unless there was an agreement that stated otherwise. People who believe their animal is being wrongfully withheld can sue to try to get the animal returned. The court will consider the evidence and make a determination. For example, one person may allege the animal was gifted/rehomed while the other may say that the arrangement was only for temporary boarding/fostering. The person not in possession typically has the burden of suing to try to get an animal returned and many more people threaten to sue than actually sue. I hope that you and your friend can resolve this dispute more amicably and that this all works out well for this dog. Good luck!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2020-06-17T17:03:40-04:00May 17th, 2020|