Q: Is it illegal for me to keep my dogs from my husband until after divorce proceedings?
My husband and I are separated and can't find a solution to custody of our dogs. I would like to keep them in my possession until after divorce proceedings. Is that illegal or considered stealing? Can he call police to come take them from me? We live in NC.
A:
Assuming you acquired the dogs during the marriage, then the dogs are marital property ( I know they are children to you, but the law sees them as property, like your car or your couch). So, you keeping them is not theft, anymore than you keeping whatever furniture you have in your possession that was bought during the marriage. The dogs belong to both of you equally. That said, if he comes and gets them, that is not stealing either, but it might be domestic criminal trespass if you have trespassed him from your home. Since they are property, if you have asked the court to divide your marital property, then the court will decide who gets the dogs.
Now, if he owned the dogs prior to marriage, the answer would be different. Then you are keeping his separate property, and while the police will probably not get involved, the court may order you to pay his attorney's fees relating to him trying to get the dogs back.
You should meet with a family law attorney to talk about trespassing him from your home so he does not come get the dogs and talk about whether they are marital or separate assets (as well as finding out about all your other assets and debts). Some judges do tend to treat pets more like children than assets, and try to determine where the dogs would be treated better (which a judge would not consider when distributing a couch, for example), so you should ask an attorney in your district how the judges in your county will treat the dogs in a divorce case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.