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[California] Divorcing my wife - what to do about ownership of our pet?

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ThatGuy08

Junior Member
I am planning to leave my wife. I am setting up alternate living arrangements before breaking the news to her, but suffice to say I'm just not happy in the marriage anymore for a variety of reasons.

Shouldn't be too complicated a divorce. We have separate bank accounts and not much money in either of them anyway. Here's the deal about property – we live in a home owned by her grandmother, which she will obviously be staying in, so that settles that. In terms of property, I am willing to leave her with just about everything in the home in terms of furniture (tables/chairs/bed/sofa). The ONLY thing I really want is the TV (which I purchased myself) and a recliner (which she hates anyway).

And THEN.. there's the dog, who is really the only thing that has stopped me from not leaving sooner. Here's the deal with the dog, which was brought into the home while we were married:

- Registered at the vet under HER name, although I have taken him for almost all his appointments, so pretty much every vet invoice is under MY name.

- Microchip registered in my name, but at our current address.

- Dog tag has my cell phone number on it.

- I do roughly 90% of the caring for him. Feeding/cleaning/walking. He is MUCH more attached to me, a fact that her and I often joke about.

We both love the dog dearly, and while I'm willing to leave her with everything in the home, I don't know if that would even be enough of a negotiating tactic to keep the dog (meaning, "hey, you take everything in the house, and let me keep the dog"). I realize that pets are property under California law, but is anything stopping me from taking him with me when I move out, and then letting it be figured out by the court at a later date?
 


xylene

Senior Member
Why don't you talk this over with your wife? I mean the dog but also wanting to end things?

If you've already decided, you should already have your own lawyer and go over this action plan with them.
 

ThatGuy08

Junior Member
Why don't you talk this over with your wife? I mean the dog but also wanting to end things?

If you've already decided, you should already have your own lawyer and go over this action plan with them.
I haven't yet contacted an attorney. I just need to get out of the home before speaking with her about it, because I know it's going to be a huge emotional blowup, and I'll be told to leave and not come back. So I need to have a place to leave to before doing that.
 

ThatGuy08

Junior Member
Newbie mistake 40,000.

She doesn't get to throw you out. Maybe being a PITA might help with that dog though... :rolleyes: ;)

Why you should have that lawyer lined up.
LOL thanks. I know she doesn't get to throw me out, but as I mentioned, it's a family-owned home, and her parents live about 15 minutes away. I wouldn't want to stay there and be subject to all the drama that is going to happen. I'm more than happy to leave the house and leave her with everything in it - except the dog.
 

lgladvc69

Junior Member
I am planning to leave my wife. I am setting up alternate living arrangements before breaking the news to her, but suffice to say I'm just not happy in the marriage anymore for a variety of reasons.

Shouldn't be too complicated a divorce. We have separate bank accounts and not much money in either of them anyway. Here's the deal about property – we live in a home owned by her grandmother, which she will obviously be staying in, so that settles that. In terms of property, I am willing to leave her with just about everything in the home in terms of furniture (tables/chairs/bed/sofa). The ONLY thing I really want is the TV (which I purchased myself) and a recliner (which she hates anyway).

And THEN.. there's the dog, who is really the only thing that has stopped me from not leaving sooner. Here's the deal with the dog, which was brought into the home while we were married:

- Registered at the vet under HER name, although I have taken him for almost all his appointments, so pretty much every vet invoice is under MY name.

- Microchip registered in my name, but at our current address.

- Dog tag has my cell phone number on it.

- I do roughly 90% of the caring for him. Feeding/cleaning/walking. He is MUCH more attached to me, a fact that her and I often joke about.

We both love the dog dearly, and while I'm willing to leave her with everything in the home, I don't know if that would even be enough of a negotiating tactic to keep the dog (meaning, "hey, you take everything in the house, and let me keep the dog"). I realize that pets are property under California law, but is anything stopping me from taking him with me when I move out, and then letting it be figured out by the court at a later date?
I found on internet that,
In California, animals have typically been considered personal property. This meant that courts only had authority to award a pet to one owner or the other. Granting shared custody or visitation of the couple’s pets would be no different, in the eyes of the law, as having them trade their television back and forth from one week to the next. Times, however, are changing. There is a growing tendency among judges to decide on the “ownership” of a companion animal based on the interests of the pet and pets are now being looked at as an equivalent to a child. In fact, California now has a law (California Family Code Section 6320) that protects domestic animals if there is a reason to believe one of the parties may cause harm to the pet.

When it comes to pets, it is a matter of ownership rather than custody. Again, California Family Code Section 6320 protects domestic animals if there is a reason to believe your ex may harm your pet. Additionally, in marriages involving domestic abuse, pets can be included in domestic violence restraining orders.
 

Zigner

Senior Member, Non-Attorney
I found on internet that,
When one uses copies and pastes (even on the internet), one needs to provide attribution. Otherwise, it's just plain stealing.

ETA: I'd also like to point out that, in this thread, there has been absolutely no mention of domestic abuse, so your cut/paste relating to Cal. Family Code Section 6320 isn't even applicable.
 
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