• 13
  • January
    2012

It's never easy to handle property division in a divorce. But the matter of dividing property between former spouses can be even more challenging when pets are involved.

According to a recent story on Petside.com, pets are placed in the same category as household items like furniture when couples are dividing assets during divorce proceedings. In some cases, then, the debate can get heated when both soon-to-be-former spouses want custody of the family dog, cat or other pet.

According to the story, courts typically consider the person who registered the pet with the city or the person who is listed as the pet's owner during the vaccination process to be the lawful owner of an animal. This method of determining ownership, though, is hardly foolproof. As the story says, in many cases, one spouse may be listed as the owner on city records while another may be listed on veterinary or microchip records.

In such instances, the courts handle pet ownership much like they do child custody decisions: They'll try to place the pet in the home that is in its best interests.

In most relationships, one spouse tends to spend more time with the family pets, whether that means taking the dog for a walk each morning or spending more hours dangling yarn in front of the cat's face.

The Petside story, though, says that courts will consider other factors, too. If one spouse has a history of domestic violence, courts may hesitate to place the family dog with him or her. The thought is that this spouse might be more likely to mistreat the family pet. Spouses with gambling or drug abuse problems might not receive custody of the family pet, either.

Here, divorcing couples may be best served by working together to make sure that their family dog or cat is placed in the best possible home following a divorce.

Stay tuned for developments from our Tarrant County divorce blog ...

If you would like to learn more about divorce or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Petside.com, "What happens to pets after divorce" Dec. 2011