One of the first cases to consider the propriety of an award of the family pet to a party in a divorce action was Ballas v. Ballas, 178 Cal. App. 2d 570, 3 Cal. Rptr. 11 (1960). In that case, the wife was granted a divorce on the grounds of cruelty.
Her single complaint on appeal was that the court erred in awarding a Pekingese dog and a Volkswagon to the husband.
The wife's evidence was that, although the dog was acquired during the marriage,
it was purchased with her separate funds,
titled in her name, and remained in her possession up until the judgment of the court. The husband had no evidence that the dog was community property other than his listing it as such. On this basis, the appellate court reversed the trial court, holding that "it is immaterial whether the dog was community property or the separate property of plaintiff." 3 Cal. Rptr. at 13. In other words,
the court awarded the dog to the wife be cause she was the one who cared for it. Clearly, if the court was stating that property division principles were irrelevant, the court was employing a best interests of the dog test. Divorce Source: WHO GETS FLUFFY? DIVISION OF PETS IN DIVORCE CASES