Published on April 18, 2023

Pet Custody in Washington State

Our pets are like family members to us, and with a divorce, the matter of pet custody in Washington State can become highly emotional. It’s only natural for both spouses to be seriously invested in keeping their pets with them, which makes better understanding your legal rights in relation to pet custody paramount. The fact is that the law in Washington does take a very specific stance on this issue, and an experienced Washington property division attorney can help you zealously advocate for custody of your beloved animals.

What Determines Ownership of a Pet in Washington State?

Pet custody is a very different legal matter than child custody in the State of Washington. When parents divorce, they either hammer out a parenting plan between themselves or they turn to the court to resolve the matter for them. Washington courts are called upon to rule on behalf of the children’s best interests in every case they hear. Both parents have legal rights and responsibilities in relation to their children, but the same is not true when it comes to pets. Washington courts categorize pets as property, and as such, the matter of pet ownership in the state is determined in the same way as it is for any other asset. Further, the same principles that apply to the division of your marital property apply to how the court handling your case will address the matter of your pets.

Is a Pet a Family Member or Property?

There is not denying that your pets are valued members of your family, and you would never categorize them as property. While the court does view your animals as property, it also understands the deep connections that people form with their pets. As a result, they sometimes focus special attention on the matter, including taking factors like all the following into careful consideration:

Who purchased the pet or brought it home and whether there is a bill of sale or an adoption contract
Whether the pet was a gift and who the recipient of the gift was
To whom the pet is registered
Whether or not one spouse is the pet’s primary caregiver
Who covers the pet’s expenses, including food and vet bills
Whom the pet currently lives with the majority of the time
The pet’s value
Who trained the pet
Who can provide the pet with better living conditions, such as whose property is better suited to the pet in question
The cost of caring for the pet

The judge who decides which divorcing spouse the pet in question will be awarded to has the discretion to consider whatever factors they deem relevant. Every case involving pet custody in Washington State is unique to the circumstances involved. Additionally, some judges are more sensitive than others to these matters. In other words, pet custody determinations can be a toss-up, which makes having professional legal counsel on your side that much more important.

How Do You Prove Your Dog is Yours?

Proving your dog is yours often comes down to proving that the pet is your separate property. In Washington, anything that you and your spouse come to own during your marriage is community property that must be divided between you equally upon divorce. The only exceptions are gifts and inheritances. In other words, proving that your dog is your dog – and is not your divorcing spouse’s – can be accomplished in any of the following ways:

By proving that you owned the pet prior to marriage
By proving you were gifted the animal during your marriage
By proving that you inherited your pooch during your marriage

Washington courts obviously cannot divide a pet in half, which means they are required to make a determination one way or the other. The better prepared you are to demonstrate any of the following, the greater your chance of establishing pet custody in Washington State:

that you have a closer relationship with the dog than your divorcing spouse does
That you spend more time caring for the dog than your divorcing spouse does
That you will be the primary custodial parent for your shared children, and your children are very attached to the dog in question
That you take responsibility for the dog’s health, including regularly taking it for walks and to the vet

Can You Take Someone to Court over Dog Ownership?

If you and your divorcing spouse are unable to resolve the matter of which one of you Fido will be living with post-divorce, you can turn to the court to address the matter. As mentioned, however, pet custody in Washington State is not resolved as a matter of custody but as a matter of property division. Some of the basic factors that go into determining this term of divorce include:

The marriage’s length
The size of the marital estate
Each spouse’s separate assets
Any discrepancies in earning potential between the spouses

While these issues have little to do with the matter of dog ownership, the court can turn to more personal concerns, such as which spouse the dog is closer to, when it addresses the matter of who will be awarded the dog

Washington State Pet Laws

Washington State’s dog laws are breed neutral, which means they are based on the behavior of the specific dog in question rather than on the dog’s specific breed. Certain cities throughout the state, however, implement their own breed-specific laws, including the following examples:

Yakima, SeaTac, Buckley, and Enumclaw ban pit bulls
Auburn identifies specific breeds, such as akitas, pit bulls, Kuvasz, as potentially dangerous breeds
Everett identifies pit bulls as a potentially dangerous breed

Washington imposes what is known as strict liability when it comes to dog bites, which means that the following apply:

Pet owners do not need to be aware of a dog’s propensity to bite in order to be held liable, which means they can be found responsible for first bites.
Pet owners do not need to be found negligent in order to be held liable for the harm caused by their dogs’ bites.
Pet owners can be held responsible for bites to humans and to other animals.

While there is no state-wide pet licensing or leash law in Washington, some cities and municipalities implement them.

Disposition of Pets in Washington State Divorce

As mentioned, pets in Washington are considered property, which means pet custody in Washington State is decided in relation to the division of community property. In fact, there is a well-known case that highlights this exact issue. The following basics apply:

The couple shared two beloved dogs and had been married for 27 years when they sought a divorce.
Both parties referred to their two dogs as their babies in their court filings.
The family court judge originally gave the two dogs to the husband in the property division – due to his property being better suited to having two dogs – but granted the wife regular visitation.
The ex-husband later appealed the ruling on the grounds that it is inappropriate to apply child custody standards to dogs, and the appellate court concurred.

While other states have shifted their position on the matter of pet ownership, Washington remains firm in its stance that pets are property that must be addressed as property in divorce.

Do You Need a Prenup for Your Pet?

Pet ownership can be addressed in a prenuptial agreement, and if the prenup is well considered and binding, it’s an excellent means of protecting your rights as they relate to your pets. Prenuptial agreements are contracts that guide the financial terms of divorce in the event the marriage ends. While child custody cannot be addressed in a prenuptial agreement, the division of marital property can, which makes addressing pet ownership in yours a viable option.

What to Expect from a Pet Custody Battle

If you and your divorcing spouse are both intent on keeping your family pets and you are unable to work out a resolution on your own, you’ll need the court’s intervention. Washington courts take every such matter on a case-by-case basis, but they address the matter in terms of property division. This means that it will be a fairly straightforward process, and the judge’s discretion on the matter will prevail.

Can You Share Custody of a Pet?

The State of Washington has made it clear that it will not address the matter of shared custody of pets – just as it wouldn’t address the matter of sharing other specific assets. You and your divorcing spouse can, however, resolve the matter between yourselves. Failure to do so means that one of you will be deprived of your pet. The knowledge that loss of a pet is possible can prompt otherwise stubborn individuals to dig a bit deeper in relation to negotiating this aspect of property division. Often, pet owners are able to find middle ground that allows them to formulate a workable back-and-forth schedule. This can mean a week on and a week off or any schedule that makes sense in relation to the circumstances that apply. Some divorcing parents allow the pet to go back and forth with the children to help facilitate an easier transition for them. Finding a way to work the matter out between yourselves is often the best way to resolve the issue – and to ensure that you’re not in jeopardy of handing your cherished pet over to your ex permanently.

Can You Sue Someone for Custody of a Pet?

While you can address the topic of pet custody in some states, this isn’t the case in Washington. Washington courts consider your pets part of your marital estate – unless the animal is deemed the specific property of either spouse. If you can prove the pet is yours, the court will award them to you. If not, however, it can be difficult to predict how the court will rule. For example, if your ex will be living on an acreage that is perfect for large dogs, that could be the deciding matter. If you’ve done the lion’s share of caring for your dogs, on the other hand, that could guide the court’s ruling. Your knowledgeable property division attorney will help you build your strongest case – in support of you being awarded ownership of your pet.

What to Include in Your Pet Sharing Agreement

If you and your ex each have your heart set on keeping your pets with you, you understand how the other feels and you may be more inclined to compromise accordingly. Ex-spouses can successfully share pets post-divorce, and creating a pet sharing agreement is generally the best approach. Some of the primary issues that need to be addressed include:

The specific pet sharing schedule you will be employing
How you will make important decisions about the pet, such as those related to medical needs and end-of-life concerns
How you will address the matter of covering expenses
How you will address the matter of one of you moving a considerable distance from the other

The fact is that if you don’t come to an agreement on this matter, the court will do the deciding for you, and one of you will be cut out. Sharing custody of the pets you hold dear is generally far preferable to giving them up entirely, and if both of you allow this to guide you, you may land on a surprisingly workable solution.

Consult with an Experienced Washington Property Division Attorney Today

The practiced property division attorneys at Dobbs & Young in Yakima know exactly how important your pets are to you and have both the compassion and legal insight to help – whether that means hammering out a favorable pet sharing schedule with your ex or proving your pet ownership to the court. To learn more about what we can do for you, please don’t hesitate to contact or call us at 509-577-9177 today.