Maryland: Pets as Personal Property
Legal Framework
In Maryland, pets are considered personal property in divorce proceedings. This legal classification means that, when it comes to divorce, pets are treated similarly to other marital assets such as a car or a piece of furniture. The court’s primary concern is determining ownership rather than considering the pet’s interests, which is a stark contrast to the approach taken in child custody cases.
Case Law
Maryland courts have largely adhered to the principle that pets are property. As a result, there is limited case law specific to “pet custody.” Courts generally shy away from treating pets in the same way they would children, avoiding issues related to custody or visitation.
Evaluation and Consideration
When determining who retains ownership of a pet, Maryland courts may evaluate several factors:
- Primary Caregiver: Who primarily took care of the pet?
- Financial Ability: Who has the financial means to care for the pet post-divorce?
- Acquisition: Who purchased the pet?
Maryland does not currently have any specific statutes addressing pets in divorce cases. However, the growing recognition of pets’ roles in families has sparked discussions about potential legal reforms.
Frequently Asked Questions
How are pets legally classified in Maryland divorce proceedings?
In Maryland, pets are treated as personal property, similar to other marital assets like a car or furniture. This means courts prioritize determining ownership over considering the pet’s emotional bonds or interests, in contrast to child custody evaluations.
What factors do Maryland courts evaluate to determine pet ownership in a divorce?
Courts consider who primarily cared for the pet (e.g., feeding, vet visits), who has the financial ability to provide ongoing care, and who acquired the pet (e.g., via purchase or adoption). These help establish ownership but do not extend to custody or visitation rights.
Is there specific case law in Maryland addressing "pet custody" in divorces?
Maryland courts adhere to the property classification, resulting in limited case law on “pet custody.” Judges generally avoid treating pets like children, refraining from awarding shared custody or visitation to prevent complicating proceedings.
Does Maryland have any statutes specifically governing pets in divorce cases?
No, there are no dedicated statutes; pets fall under general marital property division rules. If acquired during the marriage, they are considered joint assets subject to equitable distribution based on ownership evidence.
Are there potential legal reforms on the horizon for how pets are treated in Maryland divorces?
As of October 2025, no reforms have been enacted, and pets remain personal property. However, the increasing view of pets as family members has fueled discussions about future changes, potentially incorporating utmost-interest factors similar to child custody, though courts currently shy away from such approaches.