How Can I Keep the Family Dog After Divorce in Maryland?

Published on
October 12, 2022
Written by
Angel Murphy
Category
Divorce

Divorce affects everyone in the family, including family pets. If you’re currently going through a divorce, or you may go through one soon, you’re probably very concerned about the fate of your family dog. People can become highly attached to their dogs, and it’s not uncommon for people to see their dogs as “part of the family.” Dogs and other animals are subject to Maryland law when it comes to divorce. In this post, we will review these rules and help those readers who want the best chance of obtaining their family dog in a divorce.

First Principle: Pets are Personal Property in Maryland Law

Though it may seem counter-intuitive, Maryland law considers dogs and other pets as personal property. What this means is that rover or fido is treated in essentially the same way as any other piece of personal property, such as a car or bank account. That may seem a bit strange, but it’s how the law operates here in Maryland. If you reflect for a moment, however, you should be able to see the logic involved because even though we can become very attached to dogs and other pets, we still own them. Therefore, they will lump your dog with your other assets and be subject to equitable distribution regarding property division. If you owned your dog before marriage, it is very easy to keep it because the court will consider it as “separate property” and not subject to division. However, the court considers the dog as marital property if you and your ex-spouse bought it during the marriage.

Attempt to Settle the Matter Privately

The simplest way to retain ownership of a family dog (marital property) is to develop a private settlement agreement with your ex-spouse. This will enable you to discuss the matter with your ex-spouse and devise a reasonable plan that works for both of you. Of course, you may need to give up something else of sentimental value in exchange, but that’s simply the nature of the property division process. If you cannot resolve the matter privately, then the court will resolve the issue according to established principles.

Bring Documentation to Support Your Position

Unless you raise the issue, the court will divide up the family dog with the rest of your marital property, and the division will take place based on fairness. However, in most cases, “fairness” in this context refers to the value, and so the court will consider the value of your family dog when dividing up all the marital assets. Of course, it’s possible for you to specifically notify the court about your desire to retain ownership of a family dog; in the past, judges in Maryland have been known to consider this type of sentimental attachment when making property division orders.If you’re going to raise this issue, here are a few points you might want to emphasize to the court:(1) The child is attached to the family dog and should remain with you because you’ve received primary custody (when applicable). (2) You’ve been the person who has paid veterinary bills. (3) You were the person who adopted the dog. (4) Receipts from the pet store for toys, food, etc., which show that you’ve been the primary caretaker. (5) Any other relevant information.

Contact the Murphy Law Firm for More Information

If you’d like to learn more, reach out to The Murphy Law Firm today by calling 240-493-9116.

Angel Murphy

Personable. Passionate. Persistent.

Custody|Divorce|Dogs|Equitable distribution|Family Dog|Family Pets|marital assets|Marital Property|Maryland Divorce Lawyer|Maryland Family Lawyer|Maryland Law|Maryland lawyer|Ownership|personal property|Property Division|Property division orders

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