It is becoming increasingly common to have conflicts over pets during a separation. This is according to a new Novus survey commissioned by Familjens Jurist to be carried out.
– Many people think that you have the right to joint custody, just like for children, says Susanne Edlund, lawyer at Familjens Jurist.
There is often a conflict about where the dog or cat should live after a separation, and many people have a poor grasp of what actually applies legally. This is shown by a new Novus survey on behalf of the law firm Familjens Jurist.
The survey shows that seven percent, i.e. approximately 100,000 Swedes, have ended up in conflict over their pets.
– As more and more people acquire pets, there will also be more conflicts about them when you no longer live together. Many believe that you have the right to joint custody, just like for children, which can be a reason why conflicts increase. It may sound strange, but pets are actually seen as property in the eyes of the law, even if we see them as part of the family, says Susanne Edlund, lawyer at Familjens Jurist.
“Pets are included in a property division”
The survey also shows that more than one in three people believe that you can have shared custody of a pet. Something that is not right, according to Susanne Edlund.
“Pets are included in a division of property, which means that if you own the pet together, or if it was acquired jointly, you need to agree on who will be the owner after the separation,” writes Familjens Juris in a press release.
“Usually one party buys out the other, but you can also agree on a joint arrangement if both parties want to take care of the pet together – but this is not something that is regulated by law,” the press release continues.
– Just like with many other issues, such as accommodation and possible custody of children, it is best if you talk to each other about what happens to the pet before you separate. If you agree that you want a bi-weekly arrangement with the dog or cat when it ends, it is absolutely possible, but then that decision needs to be mutual because there is no legal support for it, says Susanne Edlund.
The lawyer’s best three tips
Determine who is the owner before you get your pet:
“The best thing is to have a dialogue with your partner even before you buy a dog, cat or rabbit about how to deal with ownership. If you are both owners or buy the pet jointly, you may need to agree on how to divide ownership in the event of a separation. If a person is more driven, it can be good if they both buy and stand as the sole owner of the pet. This is to ensure that the owner gets full ownership in the event of a possible division of property. If you are married, however, according to the general rule, you will have to compensate the other party for the corresponding value of the dog.”
Put the pet’s well-being before your conflict:
“It is easy to disagree during a separation, there are a lot of emotions, and often a lot of logistics to sort out. Even if it’s hard, you should think about the pet’s best interests. It could be that you share the ownership and have a joint plan, decide that the one who has time for the pet takes over the ownership, or realize that the best option is to let the pet get a new owner.”
Write a prenuptial agreement:
“If you are married and feel insecure, it is best to get a prenuptial agreement. Then you get the opportunity to regulate the ownership of the pet, and can make it private property. This means that the pet’s value is not included in a property division, and ensures that the pet only belongs to the owner in the event of a divorce. If you are not married, you can instead write a co-ownership agreement if you want the pet to have “shared custody” in the event of a separation.”