How to divide a cat or a dog in case of divorce?
All the property that the husband and wife acquired in marriage is considered jointly acquired by them, that is, their common property. But what if after the wedding the couple got a cat or a dog, and during the divorce it turned out that each of the spouses wants to keep a pet for themselves?
From a legal point of view, dogs and cats, as well as parrots, hamsters, horses, cows, sheep and other animals are common property and fall under the scope of Articles 137 of the Civil Code of the Russian Federation, Articles 34 and 38 of the Family Code of the Russian Federation.
It is possible to negotiate "on the shore" by drawing up a marriage contract in which to describe in detail what belongs to whom. Another peaceful option is to conclude an agreement on the division of property. If it does not work out in any way, then you will have to rely on the court's decision.
Loophole: if a furry friend was given to one of the spouses, then he is not included in the division of property. For example, a husband gave his wife a kitten for her birthday. In this case, in case of divorce, the court excludes the cat from the division of property. By the way, this happens not only with animals: any gifts are not shared during divorce, the main thing is to prove the fact of donation.
1. Prenuptial agreement
If officially the spouses are still married, they can conclude a prenuptial agreement, where they will prescribe with whom the pet remains in case of divorce. You can also specify the amount of compensation that a partner who is left without a pet will receive.
It is necessary to conclude a marriage contract in writing and notarize it.
2. Property Sharing Agreement
The agreement can be concluded both in marriage and after its termination. The spouses prescribe to whom and what is transferred, what compensation is expected.
Just like a prenuptial agreement, an agreement on the division of property is notarized. In the situation with pets, there is no significant difference between an agreement and a contract, therefore, being married, you can simply issue the paper that will cost less.
3. Court
If the husband and wife have not decided who the dog or cat will stay with, then there is nothing left but to resort to at least a judicial process. The judge will get acquainted with all the circumstances of the case and decide at his discretion who the pet will stay with. If possible, he will award the losing party compensation equal to half the value of the animal. In this case, it is important to figure out with whom a four-legged friend will be better, who invested more in his upbringing and maintenance, who will provide more comfortable conditions after the divorce. It may require the testimony of witnesses – neighbors, veterinarians, friends. The court's decision is binding, so when choosing this long and unpleasant path, you need to understand that there will be no way back.