If you are facing a divorce in Texas and worried about who keeps the family dog or cat, you are not alone. Pets are family to many of us (including to the attorneys and staff at Epstein Family Law) and deciding where they live after a split can be one of the most emotional parts of the process. Here is what Texas law says about pets and how you can plan ahead to make your case for possession.
How Texas Law Treats Pets
Under Texas law, pets are generally treated as personal property. That means they are subject to the same community-property rules that apply to other assets acquired during the marriage. If a pet was acquired before marriage, received as a gift, or inherited by one spouse, it is typically considered that spouse’s separate property. If the pet was acquired during the marriage, it is ordinarily community property.
In a divorce, a Texas court will divide community property in a manner the court deems “just and right,” which can include awarding a pet to one spouse and offsetting the value with other property. Texas does not provide for “custody” or “visitation” of pets as it does for children. That said, judges may consider practical factors to reach a fair result for the award of the pet.
Factors Courts May Consider
While pets are property, courts often look at real-world considerations when deciding who should be awarded a pet, including:
- Primary caregiver: Who feeds, walks, grooms, trains, and takes the pet to the vet?
- Living situation: Each spouse’s housing, yard access, and pet policies for rentals or HOAs may be assessed.
- Work schedules and stability: Which spouse can reliably meet the pet’s daily needs?
- Children’s routines: If the children are strongly bonded to the pet, a court may award the pet to the parent with primary possession of the children to minimize disruption.
- Health and special needs: Which spouse is better positioned to handle medical or behavioral needs?
- Conduct: Any history of neglect, abuse, or threats related to the pet may be considered.
Practical Advice for Pet Owners
If keeping your pet is a priority, planning and documentation matter. Consider gathering information early in the case to use as evidence for the court that you should be awarded the pet. Evidence such as the following may be relevant for the court:
- Testimony: Describe your history with the pet, daily caregiving, training, and bond, focusing on facts over emotion.
- Records: Bring organized exhibits—vet records, licenses, microchip data, receipts, photos of your home setup, work schedules, and pet-related calendars.
- Practical plan: Offer a concrete, responsible plan for housing, exercise, medical care, and contingencies.
Final Thoughts
In Texas, pets are property in the eyes of the law, but courts and parties can still account for the realities of a pet’s daily life. Early planning, clear documentation, and pragmatic proposals often lead to better outcomes—for both you and your animal. If your pet is a priority, discuss tailored strategies with your attorney and raise the issue early in the divorce process.
About Jordan Watson
Jordan Watson is a Dallas-based family law attorney with a passion for helping families find the right structure to thrive. She has exclusively practiced family law since being licensed to practice law in Texas in 2020. Before graduating with honors from Southern Methodist University’s Dedman School of Law, Jordan served as the president of the Family Law Association and as Chief Counsel in the VanSickle Family Law Clinic, where she had hands-on courtroom experience before beginning practice after licensure. Contact us to schedule a consultation.