In Texas, pets are considered property in a divorce context. Therefore, a family pet may be awarded to one party in a divorce proceeding. You may be able to prove your pet is separate property if it was acquired prior to marriage, given as a gift, or acquired through devise or inheritance. However, if your pet was purchased during the marriage, you may encounter some complications.
As an alternative to relinquishing ownership interest completely, the parties may be able to reach an agreed possession and access schedule, though this is currently a gray area under Texas law and is a developing area within the law nation-wide. If you anticipate your divorce will involve contested issues regarding your pets, call our office to consult an attorney.
For more information on our Austin Divorce Lawyers, please visit our site.