QUESTION

If I was given a puppy as a gift, and now the purchaser wants it back, who is the legal owner?

Asked on Feb 18th, 2015 on Civil Litigation - North Carolina
More details to this question:
My (newly) ex-roommate decided to give me a puppy for my Christmas gift. She constantly bragged (in public) to my friends about how she was giving me this puppy. There are about 15 people who heard her say she bought the dog for me. (If she takes me to court, will their statements saying they heard her say the dog was a gift help my case?). However, now, she is threatening to file a case in small claims court. I am/have paid for the dog's most recent vet bills and other necessities (dog food, toys, etc.) and the dog has been under my care since she moved out. However, when she left, she decided to take the dog's AKC registration paperwork (which at the time had not been filed). She ALLEGEDLY filed his registration paperwork. She is now threatening to file a claim for custody of the dog, but I feel like the dog is mine because it was a gift and I pay for his expenses. Does she have a case or will the court decide that the dog is legally mine?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The puppy is yours.  Once you give a person something as a gift, that something is (except in rare circumstances which are not present here, such as gifts in contemplation of death or marriage) theirs.  Your friend's testimony that your ex-roommate repeatedly said that the dog was a gift will help your case, but, unless the rules are relaxed in small claims court (they very well may be), they will actually have to go to court to testify; letters from them are not admissible evidence because they would not have been subject to cross-examination. 
Answered on Feb 19th, 2015 at 7:38 AM

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