How to decide with whom the pet will stay in case of divorce?

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1. If the animal was purchased before marriage:

  • The animal remains with the spouse who purchased it, as it is considered personal property.

2. If the animal was purchased during the marriage:

  • An animal is considered joint property if:
  • It was purchased with joint funds of the spouses.
  • No other status of the animal has been proven.
  • If the spouses cannot agree on who the animal will stay with:
  • The dispute is resolved in court.

3. Exceptions - personal property of one of the spouses:

  • An animal is not considered joint property if:
  • It was gifted to one of the spouses.
  • Inherited during marriage.
  • Purchased with personal funds belonging to only one of the spouses.

4. How the court resolves a dispute over an animal:

  • The court may consider the following factors:
  • Which spouse can provide better conditions for the animal.
  • Who took care of the animal before the divorce.
  • The interests of children, if they are emotionally attached to the animal.

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