Q: Wife won't let me see my dog prior to divorce being finalized. Can she do that?
My soon to be ex and I live in different households. She lives in the marital home of which I own half. I have rented an apartment on my own. She is refusing to let me see my dog? Do I need to even ask her permission? She isn't letting me in the house either. What would happen if I called the police saying she is locking me out of the house? Does she have a right to keep him from me? Please provide reference to any relevant statutes, laws, or cases. Thank you.
A: If you have not filed the divorce, you are entitled to use of the former marital residence. You can break down the door, the window, or have locks changed to gain entry. Even if you have filed divorce, if there is no order on the house, you are entitled to use of the home. The dog, if bought during the marriage, is a marital asset. A judge is going to give him/her to one of you. There will not be visitation rights for the dog because he/she is seen as property. If there is no order on the house, you can go see the dog without her permission.
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