AMENDED IN ASSEMBLY MAY 10, 2018

AMENDED IN ASSEMBLY APRIL 5, 2018

AMENDED IN ASSEMBLY APRIL 2, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

94

CHAPTER 820

Statutes of 2018

[ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ]

Introduced by Assembly Member Quirk

February 13, 2018

An act to add Section 2605 to the Family Code, relating to division of community property.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.

This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.

The people of the State of California do enact as follows:

SECTION 1.

Section 2605 is added to the Family Code, to read:

2605.

(a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.

(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.

(c) For purposes of this section, the following definitions shall apply:

(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.

(2) “Pet animal” means any animal that is community property and kept as a household pet.