Your pet is more than an animal. Your pet is a part of your family. You may have raised them since they were born. They may have been there for you when times were tough. However, a divorce may separate you from your furry friend.
Property division is a major part of divorce. You and your spouse will likely need to discuss how assets, savings and debts are divided and child custody arrangements. Part of this process will determine who will get your pet in the divorce. The final decision may heavily rely on whether your pet is considered property or not. Here’s what you should know:
Determining who gets custody of a pet
In Texas, pets are considered property. This means that a decision on who gets the pet in the divorce is very similar to who would get the bed, car or dining room table. You are not guaranteed to get your pet in the divorce, but you may increase your chances.
A pet that was owned by a spouse before a marriage may be considered separate property. This could mean that that spouse will retain possession of their pet after the divorce.
A pet may also be included in a prenuptial or postnuptial agreement. A prenup or postnup may clarify that a pet will go to a specific spouse after a divorce.
Spouses may also agree to a pet custody arrangement. This arrangement can clarify each spouse’s contribution to a pet’s care and how much custody time each spouse has with their pet.
However, a judge may also consider a spouse’s contribution to a pet’s care before deciding who will keep it. A spouse may have a higher chance of keeping their pet if they can prove that they were the one who mainly provided for their pet’s needs. This can include paying for a pet’s food, grooming and vet bills, spending time with their pet and any emotional bond children may have with the pet.
If you’re fighting to keep your pet in a divorce, you may need to learn about your legal options.
