And while dog owners will tell you their pup is a member of the family, the courts tend to think otherwise. The law, although antiquated, dates back hundreds of years and views
pets as personal property, just like the contents in your home, even though the way in which people
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In most cases it comes down to which partner's name is on the paperwork when purchasing or adopting the dog, Regina DeMao, an attorney in the Washington, D.C., and Maryland area, said.
“Title is important,” said DeMao. “With certain joint property you can sell it and split the proceeds. But with a pet you can’t do that."
Some states are looking at pets as more than just property.
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Similar laws have been enacted in Illinois and Alaska. Judges in these states have the power to take into account the well-being of the animal.In New York, Lundell said the law as it pertains to divorce has evolved.
“New York law looks at pets in the context of divorce differently in recent cases and instead of treating pets simply as property, courts have applied a standard of ‘what’s best for all’ meaning owners and pets,” she said.
The goal is to try and resolve what’s in your pet’s best interest and ensure they are well taken care of because at the end of the day, their well-being is what’s most important.
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