My wife and I own a beautiful, pedigree dog that we raised from a puppy after we got married. My wife and I are in the process of divorcing. We have no children. We can manage to reach agreement on just about everything – our apartment, its contents, savings – apart from our beloved pet, to whom we are both extremely attached. Neither of us is willing to consider giving up the dog. What is likely to happen ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022
A family pet acquired during the marriage is ‘joint property’ and the court can decide on its fate when it deals with a plea to divide the couple’s property when the parties cannot reach an agreement amongst themselves. In principle the court can order the sale of joint property and the distribution of the proceeds of its sale between the parties. While it would be within its powers to do so regarding a dog over which the parties were ‘fighting’ it could equally opt for a more humane – or canine – option by ordering both parties to have ‘mutual custody’ over the pet so that it could spend its time between both owners.