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Pets during divorce

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JenDpa

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I'm currently facing a tough decision in my divorce, regarding our dogs. I may have to re-home them, but I am not sure if I have legal rights to do this...
to give a little background on the situation- husband has been staying out of the house for a few days a week consistently over the last year. Just recently he announced he was only going to be staying here every other weekend to spend time with the kids, and that he may possibly stop by one night during the week but not to stay. I have been the primary caregiver of the dogs through all of this, and even prior to our separation. He will assist me if he happens to be here.

We are forced to sell the house since neither of us can afford to pay the bills here alone, which leaves me having to downsize to an apartment. Unfortunately the apartments that are affordable for me, and within the school district, do not allow dogs of their size/breed. I'm also going to be taking a second job on the weekends, which will leave the dogs alone much more than they should be. I do not want to give them to some one else, but I'm starting to realize it may be best for them moving forward... My husband has been saying for a year that he was going to see if a friend of his could temporarily, or even long term, care for the dogs until one of us could have them again, but this isn't happening. He claims that possibly in the future he may be able to take one of the dogs. He is currently staying with his affair partner, who already has a dog, but he says one our dogs would not get along with. Our other dog would probably get along fine with it, but he isn't sure if he could take him unless they move into a bigger place.

There has been no progress on him making any arrangements like this for some time now. Do I have legal ground to re-home the dogs without him?

Both of the dogs were adopted during our marriage. One was a birthday gift to me, the other was adopted while we were fostering for a rescue organization.
 


stealth2

Under the Radar Member
I'd talk to your stbx about the dogs and the urgency of doing something. But, ultimately, pets are considered property and would be part of the property settlement.

ETA: Also contact whoever you adopted the dogs from - they often prefer to get them back than have you rehome them. Might even be in the adoption papers.
 
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JenDpa

Junior Member
I'd talk to your stbx about the dogs and rge urgency of doing something. But, ultimately, pets are considered property and would be part of the property settlement.
I last spoke to him 2 weeks ago regarding how urgent this is becoming. Moving forward I will keep bringing it up more... Is there any point where it would be considered abandonment on his end?
 

stealth2

Under the Radar Member
I last spoke to him 2 weeks ago regarding how urgent this is becoming. Moving forward I will keep bringing it up more... Is there any point where it would be considered abandonment on his end?
No. Same as he has not "abandoned" his interest in the house (assuming you own) by moving out. The dogs are no different than any other real/marital property you own. Again, speak with the rescue agency.
 

JenDpa

Junior Member
No. Same as he has not "abandoned" his interest in the house (assuming you own) by moving out. The dogs are no different than any other real/marital property you own. Again, speak with the rescue agency.
I just saw your edit about contacting the rescue. I actually tried reaching out to them a few months back to see if they would be an option, but they are no longer in operation.

The reason I ask about abandonment is because unlike other property, the dogs come with an obligation to care for, feed, walk, etc... which he's not doing, and hasn't been. It's sad that there is no consequence to that.

Just as our home would foreclose if we don't maintain the mortgage payments, we would eventually lose interest. Which he also stopped paying towards the house since Sept, and why selling and moving has become so urgent.
 

stealth2

Under the Radar Member
You need temporary orders wrt mortgage and other bill payments.

You're unlikely to get badly dinged for rehoming the dogs, but be aware that they will still be part of the property settlement. Depending on their "worth", it may reflect in what property he gets.

And yes, while they need care, food, etc., they are not on the same level as children. Who I guess you aren't planning to rehome. Unless you agree to Dad having primary custody, I guess.
 

JenDpa

Junior Member
And before you say it, yes, I have kids and pets.
I understand that some things are viewed differently under the law vs how we see as people, I just wasn't sure so I wanted to get a general idea of what I can do... this is a situation where neither of us have lawyers yet. I've been trying to be as amicable as possible for the kids, considering everything they are going through.. and no I'm not re-homing them, haha.. I really do wish I could afford to keep the house on my own, because then it wouldn't be such a pressing issue with the dogs. Also sad that rental places have such strict pet restrictions. I really do love the dogs.
 

LdiJ

Senior Member
I understand that some things are viewed differently under the law vs how we see as people, I just wasn't sure so I wanted to get a general idea of what I can do... this is a situation where neither of us have lawyers yet. I've been trying to be as amicable as possible for the kids, considering everything they are going through.. and no I'm not re-homing them, haha.. I really do wish I could afford to keep the house on my own, because then it wouldn't be such a pressing issue with the dogs. Also sad that rental places have such strict pet restrictions. I really do love the dogs.
You might try finding a house to rent rather than an apartment. You might find one that is just as affordable as an apartment.
 

stealth2

Under the Radar Member
Is Dad in the school district? How old are the kids?

I agree with LDi about looking for a more house-y situation. My youngest and her boy are in CNY in an apt with a dog and two cats. Well, two dogs now, actually. (shhhhhhhh.....)

They've just signed a lease on a trailer in the same area, where they can have both dogs. And farm. LOL
 

JenDpa

Junior Member
Dad isn't even in the same state, he stays in NJ now. Kids are 11 and 12

I like the idea of finding a house to rent.. there are a few small sections within the school district that seem to be a little cheaper, but private rentals seem to come and go super quick... it would be great though. I'd have to be prepared to move very quickly. We also have a cat, although he was never the issue because I figured I could always just sneak him in worst case
 

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