[WSBAPT] Dog issue as separate property

Fri Jul 8 19:23:00 PDT 2022

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  

July 8, 2022       

Dalynne,

In the divorce context, dog issues come up periodically. I always  
inquire 1) when was the pet was purchased, and 2) was it a gift from  
one spouse to the other. This helps determine if it is separate or  
community property.

That said, the character of the pet is never really the deciding  
factor. I have only _once_ had a case where a monetary value was given  
to the dog and spouse who got to keep the dog had to financially  
compensate my client.  In that case, it was a pair of expensive  
pitbulls and their extensive expensive accessories. The pitbulls were  
recently purchased and it would have cost alot to replace them.

More often, a pet is treated like a family member. You could inquire  
into the grieving family’s interest or motivation for wanting the  
dog.  Did they have regular contact with this pet and they don’t want  
to lose future contact? Or, do they see the dog as an extension of  
deceased and it’s their way of maintaining contact with the deceased?  
Is it an expensive dog and they want the monetary value? Or, do they  
dislike the surviving spouse/partner and just feel like hassling her? 

Similar questions to the surviving partner. How long had she lived  
with this dog, what’s this dog’s relationship/ attachment to her and  
to the dog she is keeping? Had the community invested a fair amount  
into this dog (money wise) even though the separate property of  
deceased. Are their health/ environmental issues that would be  
detrimental to the dog if there were a transfer of ownership?

I have prepared short term visitation plans (like one year or less) to  
soften the transition for the person who is losing the pet.

If you address each party's interests, and  if you explore all of the  
above with both sides, there is no reason the parties should not be  
able to reach a resolution. You can do this yourself directly or  
through formal mediation.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Dalynne Singleton <dalynne at glgmail.com>:

> I need to inquire about anyone who has handled a dog issue in  
> probate where the dog is separate property of decedent, but being  
> kept by a partner after death, refusing to provide dog to the family.
>
>     
>
>    If anyone has had this issue and was able to obtain “custody” of  
> the dog for the grieving family, I would love to hear from you. 
>
>     
>
>    This is certainly a new issue for me.  By the way, there is a  
> second dog that the partner is keeping as her own and the adult  
> children are in agreement.
>
>     
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>    /DALYNNE SINGLETON/
>
>     
>
>    GOURLEY LAW GROUP
>
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>
>    SNOHOMISH ESCROW
>
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>
>    THE EXCHANGE CONNECTION
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>    1002 10th Street / PO Box 1091
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>
>     
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>     
>
>    _dalynne at glgmail.com_
>
>     
>
>    _Website:  www.glglawgroup.com[1]_
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Links:
------
[1] http://www.glglawgroup.com/
[2]  
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