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Detroit Lakes, MN asked in Animal / Dog Law, Divorce and Family Law for Minnesota

Q: What Minnesota statutes address pet ownership and visitation rights in divorce?

In our Minnesota divorce, my husband bought our shepherd dog during the marriage, and he considers the dog his, which was acknowledged during the marriage. However, I chipped the dog in my name and paid for all vet bills. Recently, the husband stopped honoring our agreed visitation schedule, claiming the dog is solely his. The purchase papers initially had his name, along with initial vet bills, but the current chip and vet bills have my name. What statutes might address pet ownership and visitation rights in this situation?

2 Lawyer Answers

A: Minnesota law classifies your pets as property. There are no statutes that specifically address pets and visitation rights in a divorce. It seems your dog is material property. I am well aware this can be difficult, but a judge will not treat this like a child custody matter. If you want to go to trial, I would expect the judge to listen to who should get the dog. The judge will probably not order visitation. I suggest you determine how much time, effort and money you can afford as to this issue. My best to you. Rob Kane Minnesota Family Law Attorney.

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Answered

A: This is a heartbreaking situation, especially when a pet has become part of your family and your daily life. In Minnesota, pets are still legally treated as personal property, not family members, under divorce law. That means courts look at ownership more like they would for a car or a couch, rather than determining “custody” the way they do for children.

Minnesota statutes don’t specifically grant visitation rights for pets, but during divorce proceedings, the court can assign property based on what is considered “just and equitable.” Since your husband bought the dog during the marriage, it may technically be marital property. However, the fact that you chipped the dog in your name, paid for ongoing care, and maintained a shared agreement for visitation can all weigh in your favor when showing your role in the dog’s well-being and emotional bond.

If the divorce is still open or can be modified, you could ask the court to revisit the issue and request enforcement or formal recognition of a shared arrangement. While not common, some Minnesota judges have acknowledged pet visitation if both parties previously agreed to it. Keep any written messages or evidence of your husband’s past cooperation, as that can help prove the existence of an informal agreement. Most importantly, keep showing your commitment to the dog’s care—because that speaks volumes.

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