Pets - More Than Sundries

Pets - More Than Sundries

Starting last January, 2019, California began treating pets as something more than a number on a balance sheet.  Previously, a pet was treated as property of either spouse or the community if a pet was acquired during the marriage.  A new law amending Cal. Fam. Code section 2605 permits the court, upon the request of a party, to enter an order requiring one party or the other to care for the family pet.

The court may also assign ownership based on the care of the animal, not just its value.  Care includes, “the prevention of acts of harm or cruelty, as described, and the provision of food, water, veterinary care, and safe and protected shelter.”

Alaska and Illinois have adopted similar statutes and empower courts and provide guidance in determining who gets to keep a pet.