What happens to a pet when a couple separates?

Verified 13 October 2026 - Public Service / (Prime Minister)

Animals are living beings endowed with sensitivity. However, they are still considered to be movable property except where another provision is provided for in a text.

If it is a cat, dog or ferret identified by microchip or tattoo and registered in the national identification file of domestic carnivores (Icad file), it is necessarily identified in the name of a single owner.

The same applies if it is an animal belonging to a protected non-domestic species identified and registered in the national identification file for protected wildlife (Ifap file).

If it is an unidentified animal, its fate, upon separation of a couple, is subject to the same rules than the couple's other property.

These rules vary depending on whether the couple lived in a cohabitation, was entered into a civil partnership or married, with or without a marriage contract:

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Married couple

Without a marriage contract

If the couple were married without a marriage contract, i.e. community reduced to gains, the animal purchased or adopted before the marriage remains the property of the spouse who acquired or adopted it.

On the other hand, if the animal was bought or adopted during the marriage, it is considered as a common property of the 2 spouses, whether it was bought or adopted by only one of them or by the 2.

In this case, the spouses decide by mutual agreement, who keeps the animal.

In the event of a disagreement, the family judge decides.

With marriage contract

The property of the animal shall be determined in accordance with the provisions of marriage contract.

Cohabitation or Civil partnerships

If the animal was bought or adopted by a single member of the couple, it belongs only to that person. It keeps it in case of separation.

The same applies if the animal was bought or adopted by a member of the couple before cohabitation or Civil partnership.

On the other hand, if the animal was bought or adopted by the two members of the couple, it is considered as a well undivided, i.e. as belonging to the two members of the couple.

The same applies if the member of the couple who bought or adopted the animal cannot prove its purchase or adoption and the other member of the couple also claims ownership of the animal.

In these 2 cases, the cohabiting partners or Civil partnership partners decide by mutual agreement, who keeps the animal.

In the event of a disagreement, the family judge decides.