Asked in Animal / Dog Law and Divorce for Washington

Q: Do I need to keep the dog until the divorce is final or can I start looking for another home for her?

My husband and I are renting a house but we do not have a current lease. When we moved in 8 years ago, he paid a pet deposit but it was not for the dogs we have now. I recently filed for divorce and he moved out (he was living in his travel trailer and drove away with this in the middle of the night) with no word and does not speak to me unless absolutely necessary. I just asked him yesterday if he would be able to take one of the dogs he brought here last year as she is destroying my daughters things (we also did not want another dog but he brought her home because it was his son's dog and his son had just passed away).

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1 Lawyer Answer

A: It's hard to think of pets this way, but under Washington State law, they are considered "personal property" (as opposed to real property, such as a house).

If I understand correctly, your husband inherited the dog in question. If so, the dog is separate property - the dog belongs solely to your husband. If my analysis is correct, you have no legal rights to the dog, and cannot give her away.

I suggest that give your husband a written notice that you will be giving the dog away to a rehoming shelter or to a particular person by a certain date and time if he doesn't come and get her. Alternatively, you may want to get him to sell you the dog for, say, $1.00, with something in writing that he releases all ownership interests in the dog - if you buy the dog, she'll be yours, and you can do what you want with her.

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