Who Gets The Dog?

My message today: Treat the treatment of a pet different than other property or else the animal will become simply property.

I am a dog person. I love Zeus. He is a pure-bred Husky. He is the most beautiful, grumpy, temperamental, piece of property that I own. My property talks to me, sometimes, more than my wife. My property loves his spot on the bed and his den in the back yard. He barks at Chihuahuas and is scared of poodles. He is a valuable piece of property to me. I maintain my property, play with my property, feed my property, and clean up after my property.

However, my dog is my property. This is a tough lesson to learn sometimes for a lot of my clients. The most expensive divorce case I ever litigated concerned a dog. The most expensive small claims case I have ever been a part of concerns a dog.   

Let me be clear: I believe a dog and all animals are living, breathing entities that deserve our respect and care. I am absolutely appalled by any acts of violence against animals and any neglect against animals. I treasure the work by our hard-working veterinarians. I agree that animal abuse should be a crime. I also agree that owners should be responsible for the acts of their animals. I actually consider animal illness a valid excuse for missing work and I give a week leave if an employee’s animal has passed away. I am very pro-animal and my dog is probably my best friend and knows all my secrets.  

Despite my personal reflection on the importance of our canine, feline, equestrian, or any other animal friend to the personal and emotional health and stability of society, I am still a lawyer. This article concerns and is limited to the legal treatment of animals when there is a dispute over ownership.

Under the law, our animal friends are treated as property the same as a television, computer, vehicle, and so forth. The ownership of animals is contractually based. If one buys an animal from a pet-store or breeder (and hopefully from an animal shelter), it is a contractual transaction where property is exchanged for funds.  

When a boyfriend or girlfriend buys an animal and gives it to his or her significant other, it is a gift of property in the same way that one may buy a necklace, watch, or video game. When a married couple buys an animal, it is subject to distribution the same way as a bank account or furniture. There is a determination of the fair market value of the animal and the distribution is made accordingly. There is little distinction between the theft of a dog or cat and a bike when determining damages.

I personally find treating animals the same as a television when deciding on ownership highly offensive. I have heard judges express the same concern. However, the status of the law is the status of law. Perhaps we should make a “best interest” standard in divorces when determining who should keep the pets. Perhaps we should afford animals a different standard than a television. Perhaps this article will reach a Florida elected official who will start the movement.

However, until such point, my legal word of caution is to make sure you treat the contractual decision of purchasing living “property” with the humane decision of knowing that the living animal may suffer if the property transaction is somehow disputed under the rules of contract and property distribution.

In other words, do not show up at to buy your girlfriend a dog if you want it back, and do not buy a cat to try to salvage your marriage. Buy a television instead, and watch Animal Planet.