Roscoe, IL asked in Divorce and Animal / Dog Law for Illinois

Q: My husband and I have 2 dogs that I signed and paid for. If we divorce, could he take the dogs from me?

He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living situation, in order to take the dogs?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Rochelle, IL
  • Licensed in Illinois

A: If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.

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