It can be a touching and romantic gesture when someone gives a puppy as a gift to his or her significant other. Sadly, not all relationships last forever. A prior post explored pets and divorce, but what if the dog was a gift between a couple who are dating but never get engaged?
Though dog lovers may strongly disagree, dogs are considered personal property under Delaware law. As a result, neither the best interest of the dog nor a person's attachment to the dog are the key, ownership is.
Typically, once they are given gifts are the property of the recipient. There are, however, exceptions to this general rule. As examined in the case of Conte v. Fossett, Del. Super., No. 12A-03-007, Jurden, J. (March 19, 2013), a person giving a gift of personal property may recover the gift "(1) when there is an express agreement that the gift is conditional; or (2) when the gift is of such 'symbolic significance or value' that the law will imply it was given in contemplation of marriage." Id. at *7. For those thinking that the second exception presents a safe haven for every boyfriend or girlfriend who gives a puppy as a gift to their significant other – think again. The Court in Conte specifically noted that the second exception does not extend to gifts given in "contemplation of relationships," only contemplation of marriage. In addition, the Court held that the dog in that case had the same legal status as a piece of furniture and did not have any symbolic significance. Id. at 8. Given the limited application of the second exception, the best course may be to consider the first exception – an express agreement as to who owns the dog and who gets to keep it if the relationship ends.
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