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How are pets treated under Texas divorce law?

On Behalf of | Mar 11, 2022 | Divorce

Going through a divorce in Texas is stressful enough, but it can be even more difficult when you and your spouse shared a pet. You will want to know how pets are treated under the state’s laws.

Can you get custody of your pet?

Unfortunately, when a married couple gets a divorce and there are pets involved, it’s not the same as having children. Even though pets are members of the family, Texas law does not recognize them as such. Instead, the law sees pets as property. The judge will consider who cared for them more and who spent more time with them.

Pets are considered community property

As Texas is a community property state, pets are treated as assets. During a divorce, the judge will value the pet and decide which spouse will keep them. However, if one spouse had the pet separately prior to the marriage or if the pet was inherited by a family member who died or given as a gift, the court will take those facts into consideration. In those situations, the pet will remain with the person who owned it before the marriage took place.

Considering that both spouses love and care for their pets and continue to love them even after they decide to divorce, there are options available to them. Working together using alternative means to get a divorce such as mediation or collaborative divorce are the best ways to come up with a solution that works for everyone. These methods of divorce allow both parties to work proactively to find a solution so that they can both continue enjoying and loving their pet. Whether that means agreeing on a custody or visitation plan together or deciding that one party should keep the pet depends on a variety of factors.

Pets are beloved members of the family. As a result, if you and your spouse are divorcing, the best way to end your marriage is to work together to find a solution.