This may not be your usual pet issue. My husband and I have three dogs. One I brought to the marriage, one we got together (who we both agree is more mine) and one that he brought to the marriage. When we separated and he moved out he left his dog. I love dogs and don’t want any harm to come to her, but at the same time she is not my responsibility and does take a fair amount more attention and grooming than the other two combined. Plus 3 dogs are not really easy to travel with for only one person! What options do I have? Is it fair to say “come get her by this date or I will find her a new home” or can I not do that until the property is settled since pets are property?
Thank You!
If your husband had the dog prior to the date of marriage, then that dog is his separate property and he should have responsibility and possession over this dog. You should not rehome the dog until equitable distribution is settled because you don’t have any claim to his separate property.
It’s possible to enter into an interim separation agreement where you both agree that you will rehome the dog and therefore can face no liability for “disposing” of his separate property.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.