At the end of a relationship, emotional issues intertwined with legal and financial considerations can throw landmines into the process. One particularly difficult concern is the care and “custody” of beloved family pets. A strictly legal approach does not capture the intense bonds we have with our furry friends, and it can be a source of major contention and heartbreak when one household splits into two.
Maryland Law Treats Pets as Property
They may feel like family, but under Maryland law, pets are property, subject to ownership and division rules that apply to all property. So, if a pet belonged to one spouse before the marriage, Maryland courts will treat this as “separate property,” and that spouse likely gets to keep the pet. If the pet comes into the home during the marriage, then concepts of “equitable distribution” – i.e., fairness – in the division of the entire marital estate will be applied. Some courts may take a strictly financial approach to the pet, allocating a value and including its ownership in the division of the rest of the marital property. While this might make sense in a situation where one of the spouses is a breeder of high-value animals, a strictly financial approach does not help with a cherished creature who is more a member of the family.
Most Maryland courts will look at the facts and circumstances to make a decision, including some of the following:
Proof of Ownership
An adoption certificate with your name on it or a bill of sale for the purchase of your pet can show ownership. In addition, if your locality requires pet registration, your name on the registration is another indicator of ownership.
Financial Responsibility
Pets require care, which includes food, regular medication administration, flea and tick preventative, and veterinary visits. If you have receipts showing that you foot the bill for your pet, you have an argument in favor of keeping possession. Other financial expenditures like trainers, treats, toys, and apparel can prove your primary role in caring for your pet.
Time and Capability
Just as important as paying for care is providing the care. If you are the one feeding, walking, and treating your pet, and if you are more available in the home to keep your pet company, you may be the stronger candidate for pet ownership, particularly if your ex doesn’t participate in these activities.
Children
Maryland courts will consider circumstances that make children’s lives more stable and comfortable. Keeping the family pet with the parent who has primary physical custody of the children is a strong argument for who gets the pet.
Negotiation and Compromise
Rather than wasting time and expense submitting all of these factors to a court to decide who gets the pet, it makes sense to try to resolve this issue out of court. If you and your ex can look at these same issues and make a decision, it will probably be best for everyone, including the pet. Some pets may be temperamentally suited to a shared arrangement – e.g., the pet goes with the children when they move between homes. Other pets may be less tolerant of regular relocation, so one caretaker may be best for their sake. Thinking about the best interest of the pet and any children can clarify who should be the continued caretaker of the family pet.