During a divorce, property division can be a challenge if the couple doesn't agree on certain items. Any Texas pet lover that is facing a divorce may find a recent article both interesting and helpful. The article discussed how animals, a dog specifically, can be included in the property division.
Although many people consider their animal a member of the family, the court system typically sees it as property and will handle the decision in that manner. Just as in many child custody disputes, the circumstances regarding the care of the animal will more than likely be taken into consideration. If the dog was brought into the marriage by one person, that individual could be more likely to receive the dog. However, if the dog was purchased or adopted during the marriage, it will likely be considered marital property and other factors may come into play.
Since more divorces involve animals, there are additional options available. It may be possible for the parties to share joint custody of the animal. Moreover, one party to the divorce could even be ordered to pay so-called pet support in order to contribute to expenses such as medical care and even grooming. Issues such as who can provide a better home for the pet or who has primarily taken care of the pet's needs could also play a part in any pet custody decision.
Any Texas resident going through a divorce that is facing the possibility of losing their pet may wish to research the applicable property division laws and procedures. Since many divorces involve these types negotiations -- and it is rare that couples agree completely on what they want to divide -- having an understanding of what one is entitled to could prove beneficial. When a person knows all available options, the best outcome is more likely to be achieved.
Source: Huffington Post, Who Gets the Family Dog After Divorce?, Nancy Kay, Nov. 10, 2013