Pets play an important role in our families but are treated as property under Texas law. Couples undergoing divorce need to prepare for their pet’s custody and care after they begin living separately.
Pets as property
Texas family Law and divorce decisions treat pets as property. A pet may be a spouse’s separate property if it was inherited, owned before marriage or was gift during marriage. If the pet was acquired during marriage, Texas law considers the animal to be community property.
There are two ways to address this. Spouses can enter an agreement setting forth custody, visitation and pet care. Negotiating an agreement allows spouses to determine what is best for their pet and structure an agreement that addresses their family’s needs. Agreements, for example, can provide that the children can take their pet on visits to their other parent.
The second way to address this is to let the court decide. If the pet is community property and the spouses do not reach an agreement, a judge will determine its owner and include that finding in the divorce decree. Usually, judges will determine what is just and right and consider which spouse acquired the pet, provided for its daily care, and handled veterinary care.
Modifications
If your divorce decree was finalized in the last 30 days but did not address pet ownership, a motion to modify, correct or reform the decrees should be filed. The time to file for modification expires after two years. Corrected orders should include:
- The spouse who is awarded the pet along with its food, bedding, toys, accessories, and veterinary records
- The pet’s current address
- The date, time, location governing turning over the pet and its property to the other spouse
- Whether children can take their pet on visits to the other parent
- Whether law enforcement may assist in the pet’s retrieval
- Remedies if a spouse violates the decree and does not turn over the pet
Enforcement
If the spouse violates the decree and does not turn over the pet, the aggrieved spouse may file an enforcement of property division lawsuit seeking the judge’s enforcement of the decree. This suit must be enforced within two years after the decree was signed.
The judge may also issue a clarification order setting forth terms to clarify the decree. Furthermore, judges may also issue a writ allowing a spouse and a peace officer to enter a residence to enter their spouse’s residence to retrieve their pet and other property.
Attorneys can assist spouses on these and other property division issues. They can help them pursue their right to a fair and reasonable decree.