How Are Family Pets Handled in a Texas Divorce?

 Posted on November 05, 2024 in Divorce

One question that can be difficult to answer during a divorce is what will happen with a family pet. Does one spouse have more of a claim to the pet than another? What happens when both have a close relationship with the pet, have been responsible for its care, and want it to live with them? Is a pet treated like property to be handled in the division of assets or like a family member who needs a custody agreement? To learn more about what might happen to your beloved pet in your divorce, speak with a knowledgeable Austin, TX family law attorney who can help you understand your options.

Does Texas Acknowledge Custody For Pets?

While there are some states that acknowledge pet custody, Texas is not one of them. Instead, according to Texas law, pets are considered personal property. They are dealt with similarly to furniture, cars, and other objects. While Texas courts examine whatever is in the best interest of a child regarding custody, pets are treated as a marital asset. Although pets are considered beloved members of the family in some households, the truth is that they are legally categorized as property. Therefore, Texas courts will not mandate any type of plan for spouses to divide their time with the pet.

How Is Pet Ownership Decided?

Texas divorce law does not specifically address pets. However, since pets are considered property, they are handled based on the law regarding property division in a divorce. For example, if one spouse had the pet before the couple got married, that pet would be considered his or her separate property to keep after the divorce. Even if the other spouse took over most of its responsibilities, walked it more, and developed a stronger emotional bond, it would still go with the spouse who owned it before the marriage. If the couple got the pet together, it would be considered community property and need to be decided upon accordingly.

Shared Pets and Individualized Decisions

When a pet is jointly owned by both spouses and was acquired during their marriage, the decision about who gets to keep it is more complicated. No one answer will work for all couples, and it is determined on a case-by-case basis.

For example, if the couple got the pet while they were married, but one spouse invested significantly more time and effort with it, that person might be awarded the pet.

If the couple has children who are close to the pet, the pet might be awarded to whichever parent has primary custody so that children can have a sense of stability in their home.

If you are concerned about who will get your family pet in a divorce, it is best to consult with a lawyer who can analyze your case and help you set reasonable expectations.

Schedule a Private Consultation with an Austin, TX Divorce Lawyer

People can form strong bonds with their pets, and being separated from them can be distressing. At Powers Kerr & Rashidi, PLLC, we understand the importance of this issue and we will advocate on your behalf to obtain a favorable outcome. Call us at 512-610-6199 to speak with a dedicated Travis County, TX family law attorney so we can begin working on your case.