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. As of amendments to the Ontario Family Law Act, companion animals — pets kept primarily for companionship — are no longer treated as pure personal property in the same way as a chair or a vehicle. Courts can now consider factors related to the care and wellbeing of a companion animal when determining ownership.

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.