What You Need to Know About Getting Your Pet Back from Your Ex in California
In California, dogs and other pets are considered property during divorce. Here is everything you need to know to get your pet back from your ex.
Depending on what kind of property California law considers the dog to be is factored into whether or not one can get their dog back from their ex. Since dogs are considered property under California law, their value is to be ascertained in the same manner as other property.
Different Kinds of Property in California
Community property
California is a community property state which means that marriage or the registration of domestic partnership makes two people one legal “community.” Property acquired during marriage or partnership is considered “community property.” It is typically everything that spouses or domestic partners own together. In California, each spouse or partner owns one-half of the community property.
Related: Community Property Laws in California
Quasi-community property
Quasi-community property is any type of property that was acquired by either one or both spouses and domestic partners when living in another state that, if it had been acquired while in California, would have been considered community property.
Separate property
Separate property is anything that one has owned before they were married or before they registered their domestic partnership. This includes inheritances or gifts given to one spouse or domestic partner during the marriage or domestic partnership. If one has separate property, it belongs solely to that person.
How to get your pet back from your ex depends on who is considered the owner
If one spouse acquired the pet dog before their date of marriage, or before their date of registered domestic partnership, then the pet dog would be considered separate property. If both spouses or domestic partners acquired a dog while married or as registered domestic partners, then the dog would be considered community property. Under California Assembly Bill No. 2274, the courts are obligated to determine ownership of a community property pet animal whilst taking into consideration the care of the pet animal. “Care,” as defined in the bill takes into consideration which spouse would do best in preventing any acts of harm or cruelty to the pet dog, as well as the provision of food, water, veterinary care, and a safe and protected shelter.
Related: Custody of Pets in a California Divorce: The Basics
These factors are important to understand if one wants to get their pet dog back from their ex after the termination of a marriage or domestic partnership.
At the end of the day, the final determination of ownership falls to the courts. If a pet dog is considered community property, the court will determine which of both spouses the pet dog will be given ownership to. In the case of separate property, the pet dog would be under the property of the one who bought the pet dog before the marriage or domestic partnership.
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If you have any more questions on how to get your pet back from your ex, contact us. Get your free consultation with a California Property Division Attorney today!