Can a court consider pets when deciding who gets exclusive possession of the matrimonial home?

Pets occupy an unusual legal position in Ontario family law. Pets occupy an unusual practical position in Ontario family law even though the statute hasn't changed to match. Ontario's Family Law Act still treats companion animals as ordinary property, the same as a chair or a vehicle, and ownership disputes are resolved using standard property-law principles rather than a best-interests-of-the-animal test — it's British Columbia's Family Law Act, not Ontario's, that was amended to give courts an explicit best-interests test for companion animals.

However, in the context of exclusive possession specifically, pets are not a standalone legal basis for the order. The exclusive possession test remains grounded in the best interests of children, financial circumstances, available housing, and conduct. The presence of pets may be a factor raised in submissions but is unlikely to be determinative.

Where pets are genuinely an issue — for example, where children are attached to a pet that lives primarily in the family home — the pet's situation may be woven into the broader children's best-interests analysis. Courts are increasingly willing to engage with pet issues as part of family law proceedings, but these arguments are most persuasive when connected to broader human welfare considerations rather than standing alone. If pets are important to your family's situation, mention them to your lawyer.