In New Zealand, dogs are legally classified as household pets under the Property (Relationships) Act 1976. Household pets are considered family chattels, which means they are typically treated as relationship property and included in the division of assets between separating partners.
Key points to consider:
- Relationship Property: If the dog was acquired during the relationship, it is generally classified as relationship property, regardless of who paid for it.
- Separate Property: In rare cases, if the dog was owned by one partner before the relationship, it may be classified as separate property and remain with its original owner.
- Valuing the Dog: One partner may choose to take ownership of the dog and offset its agreed value against other relationship property to ensure an equal division of assets.
Practical and Emotional Factors
While the law treats pets as property, courts and mediators may consider factors such as:
- Who primarily cared for the dog (feeding, walking, and vet visits)
- Which partner can provide the best environment for the dog’s well-being
- The emotional bond each partner has with the dog.
Resolving Disputes
Disputes over pets can be emotionally charged, and many couples prefer to resolve them through negotiation or mediation. If an agreement cannot be reached, the court will decide based on property division laws, often allowing one party to keep the dog at its assessed value while balancing other property division.
For tailored legal advice on dividing relationship property, including pets, consult one of our family law team members to understand your rights and options.