Do I list my dog as ‘Separate property’ or ‘community property’ when responding to divorce petition?

UPDATED: Oct 1, 2022

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Do I list my dog as ‘Separate property’ or ‘community property’ when responding to divorce petition?

On California divorce form FL-120, do I list my dog as separate property or
community property? We bought the dog together in 2013, married in 2014,
separated in 2016 and agreed I would keep dog. But now ex has listed ‘Shared
custody of dog’ under ‘Other requests’ in divorce petition.

Asked on March 9, 2018 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The dog is your separate property because it was purchased before marriage.  Property purchased before marriage is separate property.  Your spouse has no claim to your separate property.
Community property is property acquired during marriage.  Each spouse has a one half interest in community property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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