Hament v. Baker

2014 VT 39, 97 A.3d 461, 196 Vt. 339, 2014 WL 1657535, 2014 Vt. LEXIS 36
CourtSupreme Court of Vermont
DecidedApril 25, 2014
Docket2013-220
StatusPublished
Cited by2 cases

This text of 2014 VT 39 (Hament v. Baker) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hament v. Baker, 2014 VT 39, 97 A.3d 461, 196 Vt. 339, 2014 WL 1657535, 2014 Vt. LEXIS 36 (Vt. 2014).

Opinion

*341 Crawford, J.

¶ 1. The only issue in this contested divorce was which spouse should receive the family dog. Belle is an eleven-year-old German wirehaired pointer who is greatly loved by husband and wife. The parties have no minor children, and they were able to reach an agreement on the division of their property and other financial issues. They came to the final hearing for a ruling on which one of them would receive the dog in the divorce decree.

¶ 2. Prior to the hearing, counsel for the parties met with the family court to discuss the criteria the court would apply in assigning the dog to one party or the other. The court stated that the primary factor for its decision would be which spouse was most active in caring for the dog during the marriage. The court also stated that the family division would not enforce a shared visitation schedule even if the parties agreed to it.

¶ 3. During the hearing, both parties testified to their strong emotional ties to the dog and to the care that each spouse provides. Husband is a veterinarian and takes the dog to work with him. Wife spends time walking the dog in the woods near her home and is very involved in daily care of the dog.

¶ 4. At the conclusion of the hearing, the court awarded the dog to husband. It found that either party would provide the dog with a good life. It gave a slight edge to husband because the dog is accustomed to the routine of going to the clinic every day. The court balanced that factor against the dog’s familiarity with the marital home, which the parties agreed wife would receive as part of the property settlement. It found that husband “treats the dog like a dog,” while wife is more doting and treats the dog like a child. The court concluded that the dog would do better with husband’s balanced attitude towards the animal.

¶ 5. On appeal, wife claims that the court erred in refusing to consider allocating the dog to both spouses in a joint arrangement. She argues that the finding that favored husband’s attitude towards the dog was not supported by the evidence and that this finding provided an arbitrary basis for the award. She also argues that the court failed to follow its own criteria announced before trial and failed to enforce the parties’ temporary agreement to share their time with the dog.

¶ 6. We affirm the family court decision on two grounds. The factors identified and considered by the court in allocating the dog were appropriate. The court was also correct in its statement that *342 the family division cannot enforce a visitation or shared custody order for animals.

¶ 7. Section 751 of Title 15 gives the family court authority to order an equitable division of marital property after considering all relevant factors. “As we have often noted, property division is not an exact science, and the trial court has broad discretion in considering the statutory factors and fashioning an appropriate order.” Cabot v. Cabot, 166 Vt. 485, 500, 697 A.2d 644, 654 (1997). “The court need not specify the weight given to each factor, but is required only to provide a clear statement as to what was decided and why.” Jakab v. Jakab, 163 Vt. 575, 585, 664 A.2d 261, 267 (1995).

I. Allocation of the Dog

¶ 8. This Court has consistently ruled that pet animals are property. Scheele v. Dustin, 2010 VT 45, ¶ 8, 188 Vt. 36, 998 A.2d 697; see also Goodby v. Vetpharm, Inc., 2009 VT 52, ¶ 7, 186 Vt. 63, 974 A.2d 1269 (holding that no tort recovery allowed for emotional damages following loss of pet). But pets are different from other property. They are alive and form emotional attachments with their owners that run in both directions. Their long and intimate association with people gives rise to special concerns for their well-being and humane treatment. See, e.g., 13 V.S.A. §§351-400 (prohibiting cruelty to animals); 15 V.S.A. § 1103(c)(2)(G) (permitting court to include provisions concerning the possession, care and control of family pet in fashioning domestic relief-from-abuse order); 20 V.S.A. §§ 3901-3915 (regulating sale and euthanasia of animals). In most cases, they have little or no market value, but we spend generously to feed and care for them. See Morgan v. Kroupa, 167 Vt. 99, 103, 702 A.2d 630, 633 (1997) (noting that value of most pets is primarily emotional rather than financial). As this case illustrates, they frequently become close companions and an important part of daily life for countless owners.

¶ 9. In considering pets as a special category of property, we have previously announced common law rules to govern issues of ownership. In the case of lost pets, for example, we have held that “the finder of a lost pet [who] makes a reasonable effort to locate its owner, and responsibly cares for the animal over a reasonably extensive period of time,” may acquire title which is superior to *343 that of the original owner. Id. at 104, 702 A.2d at 633. The finder of a lost ring has no such rights. See id. at 103, 702 A.2d at 633 (contrasting ordinary lost property rules with rules for lost pets). Morgan recognized the emotional value of a dog — both to the loser and to the finder — as well as the value our society places on the humane treatment of animals. Id. The dog in that case remained “property,” but his disposition was governed by concerns for animal welfare. Id. at 104-05, 702 A.2d at 634.

¶ 10. The treatment of pets under the divorce statute presents a similar problem. We hold first that the allocation of a pet in a divorce is subject to 15 V.S.A. § 751. In contrast to a child, a pet is not subject to a custody award following a determination of its best interests. Because a pet is property, the family division must assign it to one party or the other. Like other aspects of the property division, the assignment is final and generally not subject to modification. See Viskup v. Viskup, 149 Vt. 89, 90, 539 A.2d 554, 555-56 (1987) (stating that property division order is final and not modifiable in most cases).

¶ 11. New of the statutory factors which appear in § 751(b) apply to the equitable distribution of a pet. These factors relate primarily to property as a source of income and material advantage. 15 V.S.A. § 751(b). The tenth statutory factor — “the party through whom the property was acquired” — could apply in the case of a pet obtained by one spouse alone, but the evidence in this case is that Belle was placed with both husband and wife through a pet adoption process. 15 V.S.A. § 751(b)(10).

¶ 12. The family division is not limited to considering the factors enumerated in § 751(b). See 15 V.S.A. § 751(b) (“In making a property settlement the court may consider all relevant factors, including [the statutory criteria].”).

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Cite This Page — Counsel Stack

Bluebook (online)
2014 VT 39, 97 A.3d 461, 196 Vt. 339, 2014 WL 1657535, 2014 Vt. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hament-v-baker-vt-2014.