Article on Who Gets the Dog When the Marriage Gets ‘Ruff’: Complications Arising from the Classification of Family Pets As Traditional Property

Christopher G. Rhodes recently published an Article entitled, Who Gets the Dog When the Marriage Gets ‘Ruff’: Complications Arising from the Classification of Family Pets As Traditional Property, 9 Est. Plan. & Community Prop. L.J. 293 (2017). Provided below is an abstract of the Article:

This comment argues that family pets do not fit neatly into the mold of traditional property principles. It asserts that the law should not treat pets as strict property in divorce proceedings for three main reasons: (1) the antiquity of classifying pets as strict property; (2) affixing a representative monetary value to a pet is very difficult and oftentimes impossible to do; and (3) family pets are a unique form of property. Many courts have started to recognize that the property status affixed to domesticated animals in the nineteenth century is stale. History demonstrates that property status is dynamic and can be revolutionized. As time progresses, so do our morals and values, and as a result, our legislation. Lastly, pets are unique in the fact that pets think, feel, and love. This applies to no other form of property.