Cut font in the Pet Custody Agreement

Aug 6th, 2022
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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Are Pets Considered Community Property in Texas? Yes. Unless a pet was purchased by one spouse before the marriage, a dog or cat is considered community property in a Texas divorce, meaning that both spouses have a claim to the animal.
Just generally, the dog belongs to the person that has the papers, (ownership documents), and has registered the dog, (AKC). Barring that, the dog belongs to the person that has the microchip registered in their name. If neither of these exist, then you have a very sticky situation and need legal guidance.
In the State of Texas, there is no special pet custody statute that governs the methods by which a judge must determine which spouse keeps a dog in the event of a divorce. Instead, dogs, cats, and other pets are treated as property.
New Texas law bars animal cruelty offenders from owning animals for five years. The law bans those convicted of animal cruelty, including those involved with dogfighting, from owning any kind of animal for five years after their first criminal offense.
The judge will need to first determine whether the pet is separate property, belonging to one spouse, or marital property, belonging to both spouses. If the pet was purchased or adopted before the marriage, it is likely to be considered separate property, and custody will be awarded to the owning spouse.

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