Q. My partner and I moved in together a year ago and recently put an offer in on a house which was accepted. We are very excited for our first house and the first thing we want to do after moving is get a puppy. I have been on a wait list with a breeder. I am a little worried about what happens if our relationship does not last as long as our dog. My cousin’s ex-husband was supposed to share their dog with her when they divorced and he never did. Her divorce lawyer said there was nothing she could do and to just buy a new dog.
Is there something my partner and I can do now as we plan for our future which would make clear we intend our dog to be part of our family and treated as a full family member?
A. If you can navigate home ownership before marriage, you can definitely figure out dog ownership. The property laws have not quite caught up with the fact that people often treat their pets as members of the family.
Plan for the dog in similar fashion to planning for your house purchase/ownership. If possible, put the contract with the breeder in joint names so that both you and your partner are listed as the purchasers/owners. You should equally share in the purchase price of the dog either with one reimbursing the other by check with a memo line which clearly indicates it is for half of the cost of the dog or some similar mechanism. If an AKC registration is part of the purchase, register both of you as owners.
You should also jointly share in the costs for your new puppy including any obedience classes you take (and make sure you both attend), veterinary bills, pet insurance, etc. Also, you should ensure both of your names are listed for all related portals so you can both log in.
If the time comes when you and your partner plan to marry, if you are doing a prenuptial agreement anyway, be sure to include a provision explicitly stating what happens to your current or any future dogs (or other pets). It is far easier to deal with pets in the asset division piece of a divorce agreement than having to file a separate claim in the Superior Court. There is a case from 2024 that dealt with the issue, just Google Lyman v. Lanser dog case specific performance.
Bottom line, an agreement about sharing a dog after a relationship ends is enforceable in Massachusetts.
Email questions to whickey@brickjones.com
