After the custody of any minor children, the fate of the family pet when a Texas couple ends their marriage may run a close second. However, who gets to keep the pet is not determined in the same manner as children. Under the law, pets are treated as property. Therefore, the rules of property division in a divorce govern the division of pets.
When determining which party keeps the family pet, the court will look at similar factors to those used in dividing any other property. Of course, the difference is that pets are often considered part of the family and are alive. Simply selling the pet or dividing it like a set of china is not feasible.