HW Legal
The Czech Republic has long ranked high in the statistics for the number of animals per head; when it comes to dogs per head, we are even second in the EU. Looking after a pet often stays with us through all of life's events, including couples breaking up and spouses divorcing. So who gets to stay the owner of the "shared" animal? Is there such a thing as shared custody of a dog, the way there is for a child? And can a court order such "shared custody"? That, and more, is what this article is about.
Which partner has the right to care for the dog after a breakup?
An animal is not a thing, but the provisions of the Civil Code on things apply to it as far as its nature allows. An animal can therefore be the subject of ownership and can be sold or given away. Unlike any other object, though, it can't be divided up (into two or more animals). Before we think about a pet's possible fate, we first need to be clear about who it belongs to.
Sole ownership of a dog (and other pets)
Where the animal is the sole property of one of the ex-partners (who bought it or was given it), the other ex-partner has no claim to it whatsoever, either during the relationship or after it ends. The mere existence of an emotional bond to the animal does not create a legally recognised relationship that would include a right to see the animal after the breakup, or to spend time with it in some other way. And what if the pet itself is emotionally attached to that ex-partner? Shared custody of the dog, and other ways for the two of them to keep in contact, can only come about through an agreement with the animal's owner.
A dog (and other animals) in co-ownership
An animal can also be co-owned by the partners. In that case both of them have the right to deal with the animal, in line with the size of their co-ownership shares (usually 50/50). Once the ex-partners stop looking after the animal together because of the breakup, they should agree on the joint management of the pet (under the rules for the joint management of a thing). This kind of agreement assumes that both of them have a bond with the animal. Otherwise the more logical step for the less involved ex-partner is to settle the co-ownership. They would hand the dog over to the other co-owner (this can be done in return for compensation). The co-owners can set out this joint management in an agreement, for example following the template we have prepared for our readers.
TEMPLATE HW Legal – Co-owners' agreement on the care of an animal
When the courts settle disputes over an animal (between owners)
If the ex-partners can't reach such an agreement on jointly caring for the pet, either of them can apply to the court for a decision on the matter. The court may (but need not) take the applicant ex-partner's proposal as its starting point. In any event, it should arrange the management of the shared animal on a reasonable basis, taking the particulars of the specific case into account.
It should be added that no one can be forced to remain in co-ownership: an ex-partner can propose settling the co-ownership at practically any time. If the ex-partners don't agree on ending, or rather settling, the co-ownership of the pet, it is again up to the court. It can award the animal to one of the co-owners, with reasonable compensation for the other. The decision about which co-owner to award the animal to can be influenced by, among other things, how well each of them can manage to look after it, or which of them succeeds in showing that they have the stronger bond with it.
Can I see my dog sooner than the court's final ruling?
An interim measure can be a useful tool in any court proceedings, and even before they begin. This is so where there is a dispute between the ex-partners over who owns the animal, or where, for example, one ex-partner stops keeping to the agreed form of "shared custody" and stops handing the animal over. An application can be made for an interim measure to be issued. The court will order the ex-partner at least to allow "contact" with the animal, and ideally will set up an arrangement similar to "shared custody". The reason for this is plain to see. The pet is attached to its owner, and being separated from them is emotionally hard for the pet (just as it is for the owner). Securing "contact" until the subject of the dispute is decided keeps the relationship and the emotional bond between the animal and the party to the proceedings alive. Otherwise, in a court battle lasting many years, that bond could disappear altogether (and there is also the risk, especially in long disputes, that the animal may not even live to see a final decision).
Shared custody of a dog and joint marital property
There may be a situation where the pet is part of the spouses' joint marital property (SJM). When the SJM ends (typically when the divorce judgment becomes final), the animal forms part of the SJM that has ended but not yet been settled. In the settlement it either passes into the sole ownership of one of the ex-spouses, or stays in the co-ownership of both. Its management is then arranged in the way described above.
Caring for a dog: so who picks up after it?
"But that dog isn't really mine, so that little pile isn't mine either!"
Watch out for one special way of acquiring a pet: signing an "adoption contract" (also called an "animal adoption agreement", an "agreement entrusting an animal into permanent or temporary care", or something along those lines). These contracts are concluded with various breeders' associations, shelters, and similar organisations. They do not transfer ownership of the animal; its owner remains the association (or other such organisation). The other party (the "Keeper" or "Adopter") is merely the animal's holder, with obligations arising from the contract, typically above all the obligation to look after the animal personally. Under such a contract it then makes no difference whether that party has split up with their partner or girlfriend or boyfriend. So any questions about caring for the animal always have to be sorted out with the dog's owner, which can be awkward and impractical for ex-partners.
If you are dealing with a dispute over a pet and can't reach an agreement, we recommend getting in touch with a lawyer.