Who Gets the Family Pet After Separation in Ontario?

For many people a dog or cat is a member of the family, and the question of who keeps it can be harder than dividing the house. You may be asking whether you can get something like custody, a schedule, or shared time with your pet.

The law is more limited than most people expect. This article explains how Ontario generally approaches a pet when a couple separates, what that means for you, and how couples often settle it without going to court.

Pets are generally treated as property

A dispute over an item such as a vehicle or a pet is a property matter. The Superior Court of Justice has jurisdiction over divorce, family property and the matrimonial home, and the Ontario Court of Justice cannot decide property division. In plain words, this means a pet is handled with the rest of your belongings, not under the rules used for children.

Those rules are different. Decisions about parenting are made on the child's best interests, with the court considering all of the child's needs and circumstances. That test is designed for children. How a court would treat a pet in your situation depends on the facts, so it is worth confirming with a lawyer.

Who owns the pet?

Ownership disputes between spouses are generally treated the way they would be between unmarried people. The exception is for property held as joint tenants and money on deposit in both names, which is presumed to be intended as joint ownership.

For a pet, ownership questions are practical. Think about who bought or adopted the animal, whose name is on the adoption or purchase papers, the licence and the vet records, and who paid for food and care. None of these automatically settles the matter, but together they tell the story of who has been treated as the owner.

• Adoption or purchase receipt and contract
• Municipal licence and microchip registration
• Veterinary records and who paid the bills
• Whether the pet came with one of you into the relationship
• Whether the pet was a gift, and from whom

Married and common-law couples

If you are married, the equalization rules apply. A spouse with the lower net family property is entitled to one-half of the difference between the two net family properties. A pet may have little market value, so the dispute is often about who keeps the animal rather than about money.

Unmarried partners are not spouses for the equalization rules. Common-law couples are not legally required to split property acquired while living together, and they may choose a cohabitation agreement or separation agreement instead. Because of that, a common-law couple benefits even more from writing down what will happen to the pet.

Settling it by agreement

Because the law gives limited tools, most pet arrangements are settled by agreement. Marriage contracts, cohabitation agreements and separation agreements can deal with property, and both partners must sign in front of a witness who also signs. You do not need a lawyer to make a separation agreement, but legal advice before signing is recommended, and each person should give honest information and not be under pressure.

Couples sometimes agree on shared time, who pays vet bills, who handles insurance, and what happens if one person moves away. Whether and how such terms can be enforced depends on how they are written, so have a lawyer review them.

• Who the pet lives with day to day
• Whether the other person has visits, and how often
• Who pays for food, insurance and unexpected vet care
• What happens if either of you moves or the pet becomes ill
• Who keeps the records and microchip registration

What to do next

• Gather the adoption or purchase papers, licence, microchip details and vet records.
• Think about what is best for the animal, such as stable routines and who it is bonded with.
• Keep things calm and avoid taking the pet without discussion, as that can harden the conflict.
• Propose a clear written plan covering where the pet lives, visits and costs.
• If the plan is part of a marriage contract, cohabitation agreement or separation agreement, both of you must sign it in front of a witness who also signs.
• Speak with a lawyer if there is no agreement, if the pet is valuable, or if family violence is a concern.

If you are worried about safety, a pet can be part of that worry. A lawyer or a local support service can help you plan.

Frequently asked questions