The family dog is a beloved member of the family. Dogs are the most popular kind of pet in America. According to a recent study from Forbes, about 65% of U.S. households include a dog. Dog owners each spend an average of $1,500 a year caring for their pups. People form an attachment to their pets, so it is no surprise that when couples split up, they each want to keep the dog. This can create stress and tension between couples as they work through the settlement issues of their divorce.
Marital Property Distribution
Wisconsin is a community property state. This means that property obtained during the marriage belongs to both parties equally. Community property is called marital property in Wisconsin. The law says that both parties in a marriage own property equally. Marital property includes anything the couple purchased after they wed, regardless of which person actually paid for it. If a couple obtains a dog during the marriage, it is marital property. If a dog was purchased prior to marriage, it is not marital property and therefore would be part of that person’s personal items and not subject to division.
Pets are Considered Property
Although to most of us, our dog is part of the family, according to the law, dogs are considered property. Dogs are purchased or adopted and brought into the home. As with any property, the court looks at several factors to determine distribution. The party who purchased the dog, if before marriage, owns the dog. If the dog was obtained together after marriage, the court will see whether the dog was a gift to one of the parties. Did the funds used to buy the dog come from a marital account? Does one party have a receipt showing dog ownership?
Pet Custody Agreement
Even though the law does not recognize custody of pets in a divorce, partners may be able to create a pet custody agreement. This is a contract between both parties that can be included in the final divorce judgment. It is totally voluntary, so both parties need to agree to the terms. You could include where the pet will live as well as visitation allowances for the dog. It may also outline how vet care will be paid and any other details you want. You can accomplish a pet custody agreement with assistance from your attorney.
What Happens if We Can’t Agree?
Many times, couples disagree about the distribution of their property in divorce. Typically, courts want couples to resolve their differences and come to an agreement about the division of property. The court will make decisions in situations where the couple has exhausted various options to resolve the matter themselves. In this situation, the court will decide who legally owns the pet and decide where it should reside. The judge uses various factors, including who has primarily cared for the pet. If there are children, the pet may have formed a bond, and therefore, it may be best for the pet to live in the household of the parent with primary physical custody.
Many issues can cause disputes between parties in a divorce. A knowledgeable divorce attorney will help you through the process to make it easier and less stressful. To request a consultation, call Moen Sheehan Meyer, Ltd. at (608) 784-8310 or contact us online today.