When a couple decides to divorce, some of their biggest concerns may be
who will get the house, or how custody of their children will work out.
However, for some couples, another big topic might be who will get to
keep the family pet. Many people consider their cat or dog a member of
the family, making it hard for one spouse or the other to completely relinquish
ownership. So, before a fight over the family pet adds tension to the
divorce process, make sure you know how pet custody or ownership is determined
in California.
As a rule, pets are considered personal property in a divorce. Although
they are living, breathing creatures, they are owned and therefore counted
as legal property and divided with other marital assets during the divorce
process. However, there have been instances where pets are treated more
like children than property, and certain “pet custody” arrangements
have been made. For example, instead of completely awarding ownership
of the pet to one party, a divorcing couple may choose to share their
pet. So, if you and your spouse feel you may be able to make such an arrangement,
try to reach an agreement that you can present to the court together.
In any case, it is usually best that spouses moving towards a divorce consider
how they can negotiate the ownership of their pet amongst themselves.
Like any other point of disagreement in a divorce, it can become extremely
aggravating for both parties and may add tension to an already tense situation.
When determining who will get the pet in a divorce, the court will usually
determine who owned the animal in the first place. If one spouse adopted
or purchased the animal prior to the marriage, it will usually be considered
that person’s property and awarded to them in the divorce. Adoption
certificates or receipts of purchase may be used as documentation in these
instances. However, if a couple adopted or purchased the animal together
during their marriage, determining who owns the pet could be trickier.
If there is no clear way to determine a single owner of your pet, the court
will likely consider other factors, including who cared for the pet primarily,
and who is best qualified to care for it. The spouse who regularly took
the dog on walks, or changed the cat’s litter box, or handled the
veterinarian visits will be more likely to obtain ownership. However,
in the event that each spouse shared the responsibility equally, the court
may look at who is fit to provide a safe home for the pet. If for example,
one spouse has a record of animal abuse, the court may award the pet to
the other spouse. Or, if the animal was a family pet, the court may wish
to place the pet with the parent who will have primary custody of the children.
Or, as with other types of property in a divorce, the ownership of the
pet may be negotiable in terms of trade. So, the spouse who does not get
the pet may be given more of the shared funds or property from the marriage instead.
If you are going through a divorce, we understand how difficult the division
of property, including beloved family pets, can be. For help with your
divorce process, contact Arnold Law Group, APC
to speak with our Fresno divorce lawyers.