Who Gets the Dog? Navigating Pet Custody and Property Division During Divorce in Texas
Divorce is tough, and deciding who gets to keep the family pet can make it even harder. In Texas, this decision is more complicated than you might think. While you may see your dog or cat as a beloved family member, Texas law treats pets as personal property, not as dependents like children.
Texas Law: Pets Are Property
Under Texas law, pets are considered community or separate property, depending on when and how they were acquired:
– Community Property: If the pet was acquired during the marriage, it’s typically considered jointly owned.
– Separate Property: If one spouse owned the pet before the marriage, received it as a gift, or inherited it, they may retain sole ownership.
Courts do not issue formal custody or visitation orders for pets. Instead, they determine ownership based on property division principles. However, judges may consider:
– Who primarily cared for the pet
– Who paid for veterinary and grooming expenses
– Living arrangements and suitability for the pet’s needs
Shared Pet Arrangements (Informal but Possible)
Even though Texas courts won’t enforce shared custody of pets, couples can create their own informal agreements, such as:
– Alternating weeks or weekends
– Splitting vet and care expenses
– Coordinating visits or pet-sitting duties
These agreements aren’t legally binding, but they can work well if both parties are cooperative and prioritize the pet’s well-being.
Real Estate and Pet Custody: The Overlap
Divorce often involves selling the family home and splitting the proceeds. But what happens to the pet?
– If the home is sold, both parties may need to find pet-friendly housing, which can influence who keeps the pet.
– The spouse who retains the home may be better positioned to provide a stable environment—a factor courts may consider.
– Proceeds from the home sale can help cover pet-related expenses or even fund a new pet-friendly space for both parties.
Real Estate Tip
When staging a home for sale during a divorce, consider highlighting pet-friendly features—like a fenced yard, mudroom, or nearby parks. These can appeal to buyers with pets and may even help you emotionally transition by knowing your home will be loved by another pet family.
Final Thought
In Texas, your pet may be considered property—but to you, they’re family. While the law may not offer formal custody rights, thoughtful planning and cooperation can ensure your furry friend continues to thrive. And as you navigate the emotional and financial aspects of divorce, don’t forget: your next home can be a fresh start—for both you and your pet.
Disclaimer: This blog post is not legal advice. Please consult with an attorney for advice on your specific situation.