Pets and Divorce in Texas: Who Gets the Dog?
When couples in Texas face divorce, the fate of their beloved pets can become a contentious issue. Unlike some states that have begun to treat pets more like family members, Texas law still considers pets as property. This classification can lead to some challenging decisions during the divorce process.
Pets as Property
In Texas, pets are legally classified as personal property. This means that during a divorce, your furry friends are subject to the same property division rules as other assets like cars or furniture. While this may seem cold and impersonal to pet lovers, it provides a clear framework for addressing pet ownership in divorce proceedings.
The first step in determining who gets the pet is establishing whether it’s community or separate property:
- Separate property: If one spouse owned the pet before marriage, received it as a gift, or inherited it, the pet is likely to be considered that spouse’s separate property.
- Community property: Pets acquired during the marriage are typically considered community property.
Factors Considered in Pet “Custody” Decisions
If the pet is community property and the couple can’t agree on who keeps it, a judge will decide. While there’s no special pet custody statute in Texas, judges may consider several factors when making their decision:
- Primary caregiver: Who has been the main person feeding, walking, and caring for the pet?
- Children’s attachment: If there are children involved, the pet may be awarded to the primary custodial parent.
- Living arrangements: Post-divorce housing situations may influence the decision.
- Veterinary care: Who has been responsible for the pet’s medical decisions and expenses?
Options for Pet-Loving Couples
Despite the legal classification of pets as property, divorcing couples in Texas have several options:
- Negotiate an agreement: Couples can work together to create a pet custody arrangement that works for both parties.
- Shared custody: While not legally enforceable, some couples choose to share time with their pets post-divorce.
- Mediation: A neutral third party can help couples reach a mutually agreeable solution.
Legal Considerations
It’s important to note that Texas courts will not order pet visitation or custody arrangements. The final divorce decree will typically award the pet to one spouse. If the spouse awarded the pet refuses to hand over the animal, the other party can file an enforcement action within two years of the decree’s signature.
While the legal system may view pets as property, most pet owners understand the deep emotional bonds we form with our animal companions. As such, it’s often in everyone’s best interest to approach pet “custody” with compassion and creativity, finding solutions that honor the love both parties have for their furry family members.
Seeking Custody of Your Furry Friend?
The attorneys at Grinke Stewart Law are here to help you achieve your goals throughout your divorce. Give us a call at (469) 598-2001.
