How Courts in Texas Handle Pet Ownership After a Breakup

For many couples, when a relationship ends, deciding who gets to keep the family pet can be an emotionally charged affair. Pets are cherished members of the family, and disputes over their ownership are increasingly common. If you are based in Texas, understanding how Texas courts approach pet custody can help you navigate this difficult issue.

Pets as Property Under Texas Law

In Texas, pets are considered personal property under the law. This means that when a couple breaks up, who gets the pet becomes a heated debate. We don’t agree that pets are property (we believe pets are family) but our job is to help you navigate this reality. The court’s primary goal is to determine who owns the pet. This can require the analysis of lots of documents and factors in the event the pet was a stray, or taken in without any purchase or adoption paperwork.

If a pet was acquired by one person before the relationship, it is unquestionably that person’s sole property. However, there can be exceptions to this, such as if during the relationship, that person gave the pet to the other person or to the relationship. Analyzing competing ownership claims under this second scenario can be very difficult and requires the help of an experienced animal attorney. Conversely, if the pet was obtained during the relationship, ownership is typically awarded to the person whose name appears on the adoption paperwork. Again, there are exceptions to this because most adoption paperwork does not have a line for two signatures, and so the person who is holding the new furry family member is left off the paperwork. This can be a costly mistake if that person does not have any documentation to show an ownership interest.

Many people who live together never expect to break up. But it is always a good idea to protect your rights, even in the best of times. Even if there is no signature line for a second signature, sign your name on the adoption paperwork as well. If your partner is going to withdraw the cash from his/her bank account, or pay for the pet’s purchase price on a credit card, make sure you have a clear record of paying your half of the purchase price. Whether that’s through a single Venmo or Zelle transaction clearly labeled (do not use emojis or silly phrases; write: “for one half the purchase price of Snuffles”). Make sure to send this on the same day the purchase actually occurs. DO NOT agree to make in-kind purchases later to “make up” for the cost of the pet’s purchase. In other words, do not agree to pay for extra groceries, or extra share of rent in order to make up for your share of the pet’s purchase price.

Courts May Consider these Factors in Pet Custody Disputes

While pets are legally treated as property, judges in Texas recognize the emotional bond between owners and their animals. As a result, courts may consider several factors when determining which spouse should retain ownership of the pet:

1. Who is the Primary Caregiver? The court may look at who has been primarily responsible for the pet’s care, including feeding, grooming, medical appointments, and daily exercise.
2. What is the Living Situation? A judge may evaluate which spouse’s living situation is better suited to the pet’s needs, particularly for larger animals or those requiring outdoor space.
3. Best Interests of the Pet: Although Texas does not formally recognize “pet custody” akin to child custody, some judges may informally consider the best interests of the pet, such as its bond with each spouse.
4. Children’s Relationship with the Pet: If children are involved, the court may award the pet to the spouse who has primary custody of the children, ensuring that the pet remains with them to provide emotional stability.

Alternative Resolutions for Pet Custody

Given the challenges of litigating pet custody, many divorcing couples choose to resolve these disputes outside of court. Mediation or collaborative divorce can provide a less adversarial (and less expensive) forum to negotiate an arrangement that works for both parties and the pet.

Some couples opt for creative solutions, such as shared custody or visitation schedules. For example, the pet might live with one spouse but spend weekends or holidays with the other. While these arrangements are not legally enforceable in Texas, they can help avoid prolonged disputes.

Your Rights as a Pet Owner

To strengthen your case in a pet custody dispute, gather evidence showing your involvement in the pet’s care. Veterinary records, receipts for food and supplies, and photographs documenting your bond with the pet can support your claim.

If you’re concerned about losing your pet during a divorce, consulting an experienced family law attorney in Texas like The Animal Law Firm can help protect your rights and advocate for an outcome that prioritizes your connection with your furry companion.