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Home / Whanganui Chronicle

Who gets the pet?

By Peter AR Hall
Wanganui Midweek·
21 Jul, 2017 02:37 AM3 mins to read

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Young bassett hound puppy waiting for attention.

Young bassett hound puppy waiting for attention.

DIVORCE!
Oh, dear!
It's clear the relationship is not working out! (And close to 50 per cent do not!)
A breakup is imminent, and it's time to divvy up the assets.

So, who gets what?
There are the kids, there is the house, there is the car, there is the furniture, and there's all
the other stuff in and around the place.
"You want what?"
Obviously it's lawyer time if it cannot be worked out.
BUT!
The biggie!
WHO GETS THE DOG!

While pets have historically been treated as property in the eyes of the law, that is starting to change in both Canada and the United States.
Earlier this year a new law went into effect in Alaska requiring courts to take an animal's well-being into consideration in the event of a divorce. It also allows judges to assign joint custody of pets. A Rhode Island lawmaker has introduced a similar bill lately.

It's rare for couples who adopt a pet together to plan for the furry friend's future if their relationship 'goes south'. Some, but very few, include pets in a prenuptial agreement and this is generally in part because it's rare that couples adopt a pet together before marriage.
Usually one person brings the pet into the relationship so the pet is considered that person's non-marital property. In some circumstances people do establish a schedule to visit with their pets or even provide for how the pet will be cared for financially following a divorce.

But what if you never make it to the altar?
When Kirsten G's boyfriend bought her a yorkie-poodle mix two years ago, she thought at the time that is was a bit too much too soon. Soon after he moved in and then they got engaged.

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But their best laid plans went awry.
They broke up a year later and she has been taking care of Kodi since. The boyfriend has moved out of state and now she is debating whether to keep the dog or give it to his parents who have offered to take him over. She is also conflicted because of her job, the financial responsibility, having an ex's dog for the next 12 years versus giving the dog to his parents.

Kim C has it slightly easier as she and her ex bought a house together and adopted a dog, then adopted a second. The couple realised that love for their dogs was forever though their love for each other was not.
After a fairly amicable breakup, the first dog (and the house) wound up staying with her while doggie number two went with the ex.

So, what do you do about the pet?
Initially it is wise to put only one person's name on the paperwork. But remember that emotion comes into play as both grow to love the pet.
Always remember the biggie -
WHO GETS THE PET?

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