Some people love their dog more than thier spouse in the best of times. When divorcing, the dog (cat, bird, or other pet) can become more important. provide love, comfort and security. Which begs the question: “Who gets the dog in divorce?”
Some issues in a divorce are easy, like who gets the lawnmower or ceiling fan? Others are hard, like child custody. Under Michigan law, a dog is considered chattel. Chattel is personal property. The love affection and bond a party may have over a dog, cat, horse or other animal is lost under Michigan divorce law.
The seminal case on point was decided on June 13, 1876 in Heisrodt vs. Hackett. Mr. Hackett was convicted of wilully and maliciously killing a dog. In evaluating damages for the loss of a dog, the Michigan Supreme Court decided that damages are limited to the value of the dog. In other words, dogs are property. No different than a couch, ceiling fan or jewerly.
Under Michigan law, the value of a dog is taken into consideration when dividing the marital estate. So if a Court determines that the value of the dog is $500, if one party is awarded the dog, consideration should be given to awarding the other party a share of the value.
Simply put, under Michigan law, who gets the dog in a divorce is decided under property law because a dog is simply personal property and nothing more under Michigan law.
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By: Daniel Findling (c) 2025.
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