Pets are beloved members of our family and the thought of parting with our pets can be devastating. It is not uncommon for people to stay in unhappy marriages because they cannot stand the thought of potentially being parted from their pets.
Texas considers pets personal property in a divorce. If you and your spouse cannot agree on who keeps the pets, a court will decide. This can result in major stress and conflict if you both want to keep your pets.
When you agree on how to split the pets, consider putting the terms into a post-nuptial agreement. This can help you feel secure knowing there is a legal mechanism in place dictating what happens to your pets if you divorce.
If you cannot agree, a judge will need to decide. However, many judges understand how connected people are to their pets and will handle the situation with grace and sensitivity.
Pets can be separate or marital property
As with other personal property, a judge must determine if a pet is separate or marital property. If a pet was purchased or adopted by one spouse before marriage, it is likely to be labeled separate property and awarded to that spouse.
Pets that were purchased or adopted during the marriage are likely to be seen as marital property and each spouse will have an equal right to the pet.
As in child custody cases, a judge will examine several factors when deciding who gets the pet. Some factors include which spouse has primarily taken care of the pet, which spouse as a schedule that can accommodate taking care of a pet and if there is any history of abuse or neglect of a pet.
How children play a role
Children are another factor a judge may consider. When children have a bond with their pet, a judge could place the pet in the household where the children spend most of their time, provided the pet’s needs are met.
Unlike custody, a judge can only award the pet to one spouse. The other spouse has no rights to visitation. However, if you and your spouse remain amicable, you are always free to allow each other to spend time with the pet.
