A tourist holding her pet dog enjoys flowers at Jinsha Binhe Park in Chengdu, Southwest China's Sichuan Province, on March 13, 2022. Photo: IC

Recently, a couple in Ningbo, East China's Zhejiang Province, divorced due to personality differences. The division of property between the two parties went smoothly. But when it comes to their pet dog, both of them could not give up the custody over the animal and turned to the court for a resolution.

A few days ago, the Ningbo Beilun District Justice Department received the case. After the case was mediated by the court, the two parties finally reached an agreement over the ownership of the pet dog, which was ruled to belong to the man, but the woman can visit it by appointment. The court pointed out that pets bought and kept by the couple during their marriage should fall under the Civil Code and can be divided upon divorce. But pets have lives and can't be divided. The court found that the corgi the couple raised was more attached to the man and was more familiar with his living environment. 

According to the judge, there is no relevant provision for the "right to maintain" pets in the current laws. If the couple cannot reach an agreement on the disposal of pets at the time of divorce, the court can only distribute the pet as their property. Therefore, in the stage of mediation or judgment, the court usually takes into account the buyer of pet, the caregiver, the living environment and conditions of the couple, and then determines which party is more suitable for raising the pet. The party without pet custody can also ask the other party to give appropriate compensation.