Unmarried couples often worry about what will happen to their shared pets during the emotional upheaval of a breakup. Should both partners have taken care of a pet together while a couple, the question of who gets custody of the pet afterward can be unclear.
This concern is particularly significant given that pets often hold a special place in our hearts and lives. In Washington state, laws on the subject of pets have been evolving, and in some ways, they may acknowledge the emotional bonds and relationships pets share with the humans who care for and love them.
Despite the nod, Washington has laws that define how pets should be handled in breakups between unmarried couples. These laws are rooted in property rights, not emotions. If you are a member of an unmarried couple considering a breakup or going through one in Washington state and are concerned about whether you or your ex will get to keep the family pet, read on.
Pet Custody for Unmarried Couples
Presently, Washington does not have laws related to pet custody for unmarried or married couples. Thus, where a pet goes after a breakup is up to the individuals in the relationship and is generally not a matter for the court.
That said, Washington is a community property state, so property acquired during a marriage is considered community property, while property acquired before is separate. That means an unmarried couple may have a stronger claim for ownership if they owned the pet before their relationship began.
After a breakup, couples may set up visiting schedules or share custody of a pet, akin to how divorced couples arrange residential time for their children. However, unlike where children are the subject, Washington courts will not get involved in pet custody.
Because of increased concern for the welfare of animals in our society, Washington state may see changes to state law sometime in the future. But for now, unmarried couples who are pet owners must make decisions according to how Washington law defines them: as property.
Pets as Community Property
As stated above, under Washington state law, pets are considered property. As a community property state, a pet would be categorized as separate property if one spouse owned the pet before the marriage.
In most situations, a pet will stay with its original owner. Conversely, if a couple adopted the pet after marriage, the pet would likely be viewed as community property and treated that way for asset division.
However, more states, including Washington, are becoming mindful of pets’ roles in our families and lives. Consequently, divorcing couples with children often see their pets going where their children go, following the joint or shared residential schedule. The more emotional battles over pets tend to involve couples who do not have kids.
Courts will step in to weigh various factors when deciding which spouse should retain ownership of the couple’s pet. They are:
- Whether the pet was gifted.
- Which spouse has financial responsibility for the pet.
- Vet records.
- Where the pet spends most of their time.
- The pet’s monetary value.
- A bill of sale adoption agreement.
- To which spouse the pet is registered, including the microchip.
- The spouse who first purchased or adopted the pet.
- Whether there are children who share a close relationship with the pet.
For unmarried couples, the partner trying to prove ownership will benefit from documentation. That could include anything to support the above criteria, including a bill of sale, an adoption agreement, veterinary records, or proof of paying for the pet’s expenses.
Cohabitation Vs. Marriage
Washington state does not recognize common law marriages. However, in certain situations, Washington courts may recognize that some unmarried couples may have been in a “committed intimate relationship” (CIR). While no express length of time is provided, an unmarried couple must have continuously lived together for a significant period to be considered in a committed intimate relationship.
A court establishes an implied agreement by evaluating the actions taken by the cohabitating couple. Proving the existence of an implied or oral agreement isn’t easy. If no implied agreement exists, the court will divide property according to what it deems equitable and fair.
Additionally, if one party dies during the committed intimate relationship, there won’t be a CIR action. Part of a CIR action is determining if a CIR existed, the extent of shared property, and how it should be divided. This inquiry simply won’t happen if someone dies during the relationship, as one party to the action wouldn’t be present to provide evidence. In such cases, the surviving partner would have to rely on any estate planning left by their deceased partner.
Where a court finds that a CIR existed, the parties will have certain rights. Some of these rights may be similar to those belonging to those who are married and pertain to allocating or sharing the responsibility of taking care of children, property acquisition (including pets) using shared funds or income, and paying off any debts accrued or assumed during the relationship. That said, there are some distinct differences.
In cohabitation relationships, there exists no legal duty to provide financial support to a partner, and cohabitating couples are not eligible for the same tax benefits enjoyed by married couples. Additionally, spousal support (maintenance) is unavailable to either partner at the end of a cohabitation relationship without a legally binding cohabitation agreement (described in more detail below) expressly providing that one of the exes is entitled to financial support. Also, courts don’t award attorney fees where committed intimate relationships are being litigated.
Consider also the following difference between how separation is handled between married and unmarried couples. In a divorce, all property, separate and community, comes before the court for division. In a CIR action to divide assets between unmarried partners, the court will only divide property amassed during the relationship using shared funds. Again, since pets are property under Washington state law, a pet will be subject to equitable distribution.
Understanding Cohabitation Agreements
Should you and your partner arrange to live together without marrying, consider creating a cohabitation agreement. Such a contract can define each partner’s rights (the rights typically associated with marriage) and establish you and your partner’s preferred outcomes in the event of a breakup.
More specifically, cohabitation agreements outline the financial and property-related elements of your relationship, including what will happen to any pets should you go your separate ways. The specifics of the agreement can vary between couples.
A thorough cohabitation agreement includes information about property and income acquired during the relationship, potential gifts and inheritances received during the relationship or property owned before the relationship, expenses, how to handle property division should there be a separation or if one party dies, and alternative dispute resolution. If children are involved, the agreement may also address parenting and child support, though the court will ultimately decide these issues based on the law and the children’s best interests.
Concerning pets specifically, your cohabitation agreement can establish the pet’s primary owner, visitation rights, and financial responsibility for the pet. You and your partner can sign a cohabitation agreement at any point during your relationship, not just at the beginning.
A cohabitation agreement becomes particularly important if your relationship aligns with the court’s criteria for a committed intimate relationship. Without a cohabitation agreement, any assets and debts acquired during the relationship could be subject to equitable distribution by the court.
Creating a Legally Valid Cohabitation Agreement
The most effective way to create a legally valid cohabitation agreement is for both partners to hire individual attorneys to represent their interests and help them understand their rights. While hiring an attorney comes with a cost, dividing property upon separation can be more expensive, complicated, and stressful.
By law, an attorney cannot represent both partners, so you cannot hire a single attorney to draft the agreement for both of you. Each of you should hire an attorney, or if only one of you does, that attorney will represent and protect only the interests of the person who hired them.
A cohabitation agreement must be in writing for it to be enforceable. Oral contracts are generally problematic, as disagreements about what was or wasn’t agreed to can arise after a breakup.
Dissolving a Cohabitation Relationship
In addition to emotions, property division can be a significant issue for unmarried couples, especially after a long-term relationship. In addition to owning a pet, cohabiting couples may purchase a home together, invest jointly, and share finances.
Cohabiting relationships also often raise issues regarding the responsibility for debt repayment and arrangements for parenting and supporting children born during the relationship. Another potential issue: In a long-term cohabitation, assets and property may become commingled over time, meaning a separate asset owned by one individual might be used to benefit the couple, thus losing its status as a separate asset. For example, one person might sell a property they owned before the relationship to renovate a new property the couple owns together.
To best protect your interests, including your pet, and avoid a messy and costly court case, it can be beneficial to clearly outline the terms of your relationship in a cohabitation agreement, particularly at the beginning of your relationship — such as when you decide to move in together or when it becomes evident that the relationship may be long-term.
Find a Seattle family law attorney with experience helping unmarried couples enforce pet ownership rights in a breakup.
Going through a breakup is tough enough, but losing the pet you love in that breakup can be brutal. Though, as an unmarried couple, you won’t have some of the rights afforded married couples under Washington state law, you may very well be able to assert an ownership claim for your pet. Having an experienced family lawyer at your side to guide you can provide you with the best chances of success.
At Elise Buie Family Law, our Seattle team of family law attorneys, many of whom happen to be pet owners and pet lovers, are skilled in resolving disputes over pet ownership between unmarried couples who are dissolving their relationship. We can also help you reach an agreement with your former partner. Contact us today or schedule a call using our convenient scheduling link.
