Legal Question in Civil Litigation in North Carolina

Is a gift of an animal revocable?

Eight months ago, I ''adopted'' two cats from a friend who was moving and could not take them. I said that I would keep the cats permanently, and he agreed. There was no paperwork completed, nor did he provide any documentation for them. Since that time, I have spent a great deal of money on the care of the cats and have a relationship with them. The former owner now wants the cats back. Nothing other than a permanent arrangement was ever discussed. Is he entitled to receive the animals? I am not interested in being compensated for their care.


Asked on 11/12/03, 9:35 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Is a gift of an animal revocable?

This seems to be a classic "gift" issue. First, it seems that a gift was made of the animal. Your friend verbally told you that he wanted to give you the felines, and he took steps to consummate the transfer. As such, there was a gift, and the animals became yours. I am not aware of any special rules for animals. Second, once they were yours, he could not demand their return.

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Answered on 11/12/03, 8:39 pm


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