California 2017-2018 Regular Session

California Assembly Bill AB2274

Introduced
2/13/18  
Refer
3/1/18  
Refer
3/1/18  
Report Pass
4/2/18  
Report Pass
4/2/18  
Refer
4/3/18  
Refer
4/3/18  
Report Pass
4/4/18  
Report Pass
4/4/18  
Engrossed
5/17/18  
Engrossed
5/17/18  
Refer
5/17/18  
Refer
5/17/18  
Refer
5/30/18  
Refer
5/30/18  
Report Pass
6/20/18  
Enrolled
8/16/18  
Enrolled
8/16/18  
Chaptered
9/27/18  
Chaptered
9/27/18  

Caption

Division of community property: pet animals.

Impact

AB 2274 alters the existing framework of community property law in California by explicitly including pets as community property that can be divided like any other asset. The bill grants judicial authority to consider which party has assumed more responsibility for the care of the pet. Additionally, it allows a court to order one party to care for the pet pending a final decision. This can potentially lead to disputes over pet custody, but it provides a legal avenue to seek a fair outcome. Overall, the bill serves to modernize property division practices in family law by incorporating considerations unique to shared animals.

Summary

Assembly Bill 2274, introduced by Assemblymember Quirk, addresses the division of pet animals during the dissolution of marriage or legal separation proceedings. Specifically, the bill allows courts to assign sole or joint ownership of a community property pet animal based on the care of the pet. This legislative change reflects a growing recognition of pets as integral members of the family and acknowledges the emotional bond that individuals often have with their pets. By permitting a court to make such determinations, the bill aims to provide clarity in property division at a time that can be emotionally charged, thereby helping to alleviate some of the associated stress during legal proceedings.

Sentiment

The sentiment around AB 2274 appears to be largely positive, as it is well-received by pet owners and advocates who appreciate the recognition of pets in legal contexts such as marriage dissolution. The bill has garnered support for addressing the complexities that arise when relationships involving shared animals end. However, there may also be concerns from those who believe this could complicate already challenging legal separations, as ownership disputes over beloved pets can add emotional strain to the issues of child custody and property division.

Contention

Notable points of contention regarding AB 2274 may arise from differing opinions on the legal status of pets. Some skeptics argue that classifying pets as property may overlook their sentient qualities and the emotional ties held by their owners. Additionally, there may be debates about what constitutes adequate 'care' of a pet, leaving open questions about how courts will assess and define care standards in disputes. Nonetheless, supporters contend that the bill's provisions are a step forward in recognizing the role pets play in human lives and ensuring that their welfare is considered during contentious legal matters.

Companion Bills

No companion bills found.

Similar Bills

CA SB1009

Division of community property: pet animals.

MI SB0809

Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.

MI SB0160

Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.

CT SB01559

An Act Concerning Capital City Redevelopment And Establishing The South Meadows Development District Boundaries.

CA SB592

Property tax: change in ownership: residential rental property.

IN HB1628

Property development matters.

IN HB1668

Assessment of wind, solar, and battery devices.

CA AB548

Omnitrans Transit District.