This is how you secure the right to your pet – if you and your partner break up

This is how you secure the right to your pet

More than 100,000 Swedes have, in connection with their separation from a partner, ended up in a conflict related to their common pet. At the same time, many people have a poor grasp of what actually applies to pet ownership when a relationship ends. This is shown by a new Novus survey carried out on behalf of Familjens jurist.

– Many people 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 though we see them as part of the family, says Susanne Edlundlawyer at Familjens Jurist, in a press release.

The lawyer: “Then the decision needs to be mutual”

Since pets are, legally speaking, considered property, they are also included in the division of property. Therefore, you have to have some foresight to avoid conflicts.

– 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.

Susanne Edlund is a lawyer at Familjens jurist. Photo: Press photo

Not infrequently one party buys out the other and the cost of this varies from case to case.

– It depends on what the pet cost, just like when you value other so-called movable property during a separation, she says to News24.

Tips for avoiding conflict around your pet

According to Susanne Edlund, there are three pieces of advice that can be helpful in avoiding conflict around a pet in connection with separation.

  • Determine who owns the pet before you get it. If you are both going to be the owner or buy the animal together, you can decide at the same time what the ownership should look like after a possible separation. If one party is more driving in the purchase, it may be appropriate for this party to stand as the sole owner and thus get full ownership if you separate. If you are married, it is likely that one party, in order to obtain sole ownership, will have to replace the other financially.
  • Put the pet’s well-being before the conflict. Always look out for the best interests of the pet, whether one party has sole ownership, a joint arrangement or a new owner.
  • Include the pet in your prenuptial agreement if you are married. If you are married, you can specify in a prenuptial agreement who owns the pet and who gets sole ownership in the event of a divorce. Those who are not married can sign a co-ownership agreement instead.
  • nh2-general