Q: My husband owned two dogs when before we married. We married and still have the two dogs. Are they considered mine now?
I'm not sure under the law if I am technically an owner or just my husband. We had an incident with one dog under my control. I'm taking responsibility but is my husband sole owner or am I also by marriage?
A: Under every ordinance I've seen, anyone who possesses or controls, keeps or harbors the dog is the owner for purposes of a criminal citation. However, if you and your husband were to split up, the dog would be his separate property. But these are two different issues. I'd recommend getting a consultation with an attorney that handles dog bite defense, such as me, to make sure both of your rights and your dog get proper legal representation.
A:
Anyone who has a dog under his/ her control can be cited, regardless of whether he/she owns the dog. The actual owner may possibly be cited, as well, depending on the facts. It would be best to speak to an experienced animal attorney to discuss your potential defenses in a criminal matter involving your dog because the penalties could be severe for you and your dog.
As for the ownership during marriage question, dogs are personal property just like a chair or a computer. And just like a chair or computer, your husband can retain ownership in his property, or he can choose to donate it to your marital estate. If you two were to separate, ownership of the dogs would likely become a matter of negotiation, just like any other personal property such as furniture or tools.
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