Marital Separation Agreement Hawaii With Pets
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FAQ
If you are considering divorce and you share a pet with your spouse, you may be concerned about who will get the pet when you separate. In the vast majority of cases, the pet will be treated as property by the court.
If a decision can't be mutually reached on custody of your pet and you don't have proof of ownership in your name, a court could decide on legal ownership and the return of the animal. However, a court won't have the power to order the legal owner to give access to the dog to the non-legal owner.
Pets Are No Longer Just Physical Property Up until the new law was enacted, California courts treated pets like other physical, inanimate property such as furniture, cars, and other belongings. The family dog, cat, or another pet would be considered a part of the property to be divided when the marriage ended.
Consider joint custody. If you are closely attached to all of your pets, and you don't want them to be the victims of your divorce, you can try joint custody with your ex-partner. In this case, your pets will stay together and avoid the stress that always comes with unexpected changes.
As property, the dog is subject to distribution as property. Thus, if the dog belonged to one of the spouses before the marriage, it will likely remain that person's property after the divorce. However, if the dog was purchased after the marriage, it will be considered a marital asset.
