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Property Division

Property division - oftentimes the most contested issue in a divorce – requires experienced representation to protect your financial investment in your marriage. We, at Eliana Phelps, can protect your property division rights in a divorce.

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Property Division

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  1. What Will Happen To The Family Pets In A California Divorce Settlement? Any divorce settlement is difficult and stressful for all involved, and that includes the household pets. You may think of your beloved pet as another member of the family, but pets and people are treated very differently in the eyes of the law. In fact, pets are considered to be a part of the personal property to be split in the settlement. Therefore,deciding who takes ownership of the pets after a divorce is an issue that will be decided in property division​​ negotiations.

  2. However, a new California law due to come into effect in January 2019 will somewhat change this situation. Pets are still to be officially defined as property, the judge will decide to whom he awards pet custody. However, after January, the judge will use criteria which is not so different from that used in child custody​​ decisions. It’s true to say that this legal change allows the judge to employ some common sense, and to think of the pets best interests, so you could argue that pets are more like family and less like property under the January amendment. Under the current law, pets are a special type of property. Officially, each spouse is entitled to 50% of the pet. So how is a pet custody decision presently made? The answer is that it is case specific. If a couple has more than one pet, the judge may decide that one gets the dog and the other gets the cat. If, for example, the couple only has a dog, the judge may decide upon shared custody. A the law stands,the judge does not have authority to take the pets best interests into account. As of January, the new law will continue to consider pets as community property. However, spouses will still be asked to figure out a mutually-agreeable decision regarding the pets future. If an amicable agreement can’t be reached, then it will go to the court. From January, judges will be able to consider subjective factors and make a decision which takes into account the future wellbeing of all parties involved, man, woman or beast. So in pet custody cases, a judge will need to ask questions regarding the pets lifestyle, such as the following: ● ● ● ● Which spouse purchased or adopted the pet? Which spouse walks the pet? Which spouse takes the pet to the vet? Which spouse goes to the pet store for food, toys etc.?

  3. ● Which spouse dedicates the most time with the pet? Basically, the judge will try to discover who loves and cares for the pet the most and who can provide it with the best home and future. If you have concerns regarding a pet in a divorce case, contact the Law Offices of Attorney Eliana Phelps HERE​​ to discuss your options. We will be with you every step of the way and you will receive the best representation and result to build towards a happy future with your beloved pet.

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