What happens to my pet during a Texas divorce?

A common question is how courts handle pets in a divorce? A common misconception is that pets are handled like children and follow a typical possession schedule. However, this is not how pets are addressed in a Texas divorce. In Texas, pets are considered personal property.

If the pet was acquired by one spouse prior to the marriage, it would be that spouse’s separate property to keep, due to Texas being a community property state. If the pet is not separate property, then things can be a little more complicated.

There are several options you will have to “divide” a pet in a Texas divorce. First, the parties could try to resolve differences and share the dog by agreement. This can only be done by an agreement as a Texas court does not have the authority to require parties to share property after a divorce.

Second, the parties can negotiate over who will keep the pet in a divorce.

If no agreement can be reached, then a Texas divorce court has jurisdiction to make the final decision.