Divorce... I Want to Keep the Family Pet!

I grew up with pugs as canine companions and my children also grew up with these tough little comedians of the dog world. Consequently, the ongoing "custody fight" involving Dexter, the pug, caught my eye. This ongoing legal issue, concerning Dexter and his two unmarried owners, Eric Dare and Doreen Houseman, have cost each of his owners over twenty thousand dollars in attorney fees thus far, and those costs are continuing to increase. The trial court found that Dexter was like a piece of property and that a value would be assigned to him just like a vehicle or piece of furniture. Under this scenario Dexter was awarded Dare. Houseman did not accept this pronouncement and promptly appealed the decision. The New Jersey appellate court overturned the lower court's decision. The appellate court found that beloved family pets are not just pieces of property to be divided between the parties, like a piece of furniture. Instead, family pets are more like heirlooms, family treasures, and works of art, whose special subjective value should be factored by the court in making its decision. The appellate court stopped short of considering the "best interests" of Dexter (which it would have done if it considered Dexter to be the equivalent of a child). Dexter's owners will shortly be returning to court in their never ending legal action for their next round of litigation over Dexter.
This case represents a significant step away from how family pets are usually treated by the family courts. Family and Marital Attorneys in Palm Beach Gardens and other portions of Palm Beach County know that Florida Courts will treat family pets in the same matter as did the New Jersey trial judge. Family pets in Florida divorces are considered to be assets to be divided between the parties and not like children (where time sharing and 'best interests" standards will apply). However, it will be interesting to see how long it will take for an argument based on the New Jersey appellate court's decision to arise in a divorce or family law proceeding in Palm Beach County and elsewhere in Florida.

If you live in Jupiter or Wellington, then you are aware of the concentration of horse owners and riders in these areas of Palm Beach County. However, horse owners are distributed throughout Palm Beach County.

Like other family pets, horses are considered to be property and if determined to be marital property, they will be distributed by the courts in the equitable distribution of marital assets. As in all divorce cases, sometimes disputes over ownership may erupt during the proceedings. For instance, was the horse purchased before or after the commencement of the marriage or is the horse actually owned by the divorcing couple or by an outside person? To assist their clients, family and marital lawyers know that registration papers alone do not constitute proof of ownership. They understand that horses are not required to be registered in any particular place or with any particular registry. The purpose of such registries is to document the history and expansion of a particular breed of horses so that the organizations in charge of the registries can protect and promote that particular breed of horse. In fact, many horses are not registered at all.

The way to clearly evidence the transfer of ownership of a horse is to document the transaction with a purchase and sale agreement, followed by a bill of sale. Knowledgeable attorneys will look for these documents in a divorce case. Careful owners will require these documents during any sale or purchase of a horse.