During divorce negotiations, couples typically address the distribution of household items. You talked about who gets the houseplants and the record player. Perhaps, you have even started sorting out who stays in the apartment. However, neither of you wants to give up the dog, and that is where things get difficult. You raised them together. They curl up on your side of the couch, but they sleep in their bed by your spouse’s door. To you, they are family. To the court? They are property.
In Oregon, courts treat dogs as personal property, similar to furniture or vehicles, during divorce proceedings. While this classification may seem at odds with the emotional bond many people share with their pets, the court’s primary focus is on equitable distribution of property, not on emotional attachments. When determining who gets the pet, judges may consider factors such as:
- Ownership records: Who signed the adoption papers or is listed with the veterinarian
- Financial contribution: Who has consistently paid for food, grooming or vet visits
- Daily care: Who has been responsible for walking, feeding and training the dog
However, unlike child custody disputes, there is no legal formula for pet custody. Judges are not required to consider the pet’s emotional bond or best interests. Furthermore, Oregon courts typically do not assign visitation or shared time with your dog.
Avoid letting a judge decide for you
In cases where both parties wish to keep the dog, leaving the decision to the court may not produce a result either side finds satisfactory. As an alternative, some couples choose to resolve the matter privately by outlining living arrangements, visitation preferences and how ongoing expenses will be managed.
A peaceful ending for everyone
While Oregon courts will not enforce pet-sharing agreements, putting something in writing can reduce stress and protect your pet from becoming a legal afterthought. When both of you care deeply, deciding together, rather than handing the choice to a judge, can preserve your peace of mind and your pet’s sense of home.
