Divorce is emotional, complicated, and full of decisions—but one thing couples often overlook until the very end is: Who gets the dog? Or the cat. Or the parrot. Or the lizard that somehow became a part of the family.
If you’re going through a divorce in Texas and you share a pet with your spouse, this is probably a question you’ve asked yourself. Maybe the pet was “yours” before the marriage, or maybe you both raised it together from a puppy. But now, with everything else on the line—property, kids, finances—you’re also facing the thought of losing your furry (or feathered) companion.
So how does it work? Is pet custody a thing in Texas? Can a judge decide who’s more attached? Let’s walk through it.
Pets Are Considered Property—Not Family
This might be tough to hear, but in the eyes of Texas law, your dog is no different from your couch. Pets are classified as property, which means they’re treated like any other asset during divorce. That’s right—no “custody” arrangements, no visitation schedules, and no legal evaluation of emotional bonds (at least not officially).
The judge won’t consider who walks the dog more, who takes it to the vet, or who buys the food. Legally, they’ll determine who owns the pet, just like they would decide who gets the car or the television.
But here’s the twist: even though Texas law views pets as property, that doesn’t mean you can’t create your own plan. And increasingly, courts are showing more flexibility when both parties are willing to cooperate.
Who Gets the Pet? It Depends.
If one spouse brought the pet into the marriage and it was theirs before the wedding, it’s usually considered separate property. That means it stays with them after the divorce.
But if the pet was acquired during the marriage—whether it was adopted, gifted, or purchased—it’s considered community property, and that’s where it gets complicated. A judge might award the pet to one spouse, just like dividing furniture or real estate. There’s no formal requirement to consider who is more emotionally attached or better suited to care for the animal.
That said, the court can take into account agreements between the spouses or any compelling arguments about who’s been the primary caregiver—especially if the pet’s welfare could be affected.
Ask yourself:
- Who feeds, walks, and takes the pet to the vet?
- Where will the pet have more space or consistency?
- Can you and your ex come to a mutual agreement, or are emotions too high?
If you want to avoid a coin-toss outcome in court, it’s best to work this out together.
Can You Share “Custody” of a Pet?
Legally, Texas doesn’t offer shared custody for animals the way it does for children. However, you and your spouse can agree on your own informal arrangement—just know that if one party breaks the agreement, the courts may not enforce it.
Still, many divorcing couples in Austin and across Texas are creating written agreements that outline:
- A visitation schedule (like alternating weekends)
- Financial responsibilities (for food, vet bills, grooming)
- What happens if one person moves out of state
If you’re both deeply attached and want to avoid the grief of losing the pet entirely, this might be the most humane solution—even if it’s not technically a court-enforced one.
What If the Pet Was a Gift or Emotional Support Animal?
If one of you received the pet as a gift, that may qualify as separate property. Documentation matters here. A receipt, card, or testimony from a friend can help show who the pet was intended for.
If the animal is a certified emotional support animal or service animal, courts may lean toward awarding ownership to the individual who depends on it for health or well-being. That’s still not guaranteed—but it can be a factor, especially if backed by medical records or professional recommendations.
Planning Ahead Can Help
If you’re not divorced yet—but sense it might be on the horizon—it’s wise to plan ahead. Some couples include pet clauses in prenuptial or postnuptial agreements, spelling out exactly what will happen to the pet in the event of separation. That way, emotions won’t cloud the outcome later.
Would you rather have a plan in place now—or risk a court deciding who walks away with your best friend?
Final Thoughts
Divorce is already painful without the added heartbreak of losing your pet. But in Texas, unless you and your spouse come to an agreement, the court will treat your companion as just another asset to divide.
So if you’re facing this situation, take a step back. Can you have a civil conversation with your spouse about what’s truly best for your pet? Can you document your role in the pet’s life? Can you find a creative solution that puts the animal’s well-being first?
At Sandoval Family Law, we understand that pets are more than property—they’re family. If you’re going through a divorce in Austin and unsure how to protect your rights (and your pet’s future), reach out to our team for guidance.
Ready to talk about your divorce? Contact us today.