Who Gets the Pet When You Separate? Your Questions, Answered

If you’re separating and share a dog, cat or other cherished pet with your partner, you may be wondering:  Will my Ex and I be fighting for “pet custody”?  How does the court decide?

These are understandable questions, because most of us think of our pets as family members.  (Or “fur babies”, as some people call them).

But Canadian law sees pets very differently; they are not considered analogous to children at all.  Instead, in a divorce or separation, pets are considered to be property that must be divided – just like furniture.

More to the point: If you are a married couple in Ontario, the court can declare which of you owns your pet, or has the right to possess it, under section 10 of the Family Law Act. If you weren’t married, the same ownership principles apply.

Depending on what else is in dispute, the issue may be decided as part of your Family Law case, or in a separate civil claim.

What Ontario Courts Look At

Whenever former partners can’t agree on who gets to keep the family pet, Ontario courts typically consider property-related questions such as:

• Whether either of you had the pet before the relationship began
• Any agreement, spoken or implied, about who would own it
• Who acquired the pet and who paid for it
• Whether the pet was given to one of you as a gift
• Who looked after it and who paid its ongoing expenses
• What happened with the pet after you separated
• Any other evidence of ownership

Courts have adopted these factors in many cases, but not every one of them applies every time. Rather, the outcome will depend on the circumstances.

Your Questions About Pets and Separation

Q: Is “pet custody” a thing in Ontario?

No. People use the phrase all the time, but it is not a legal concept. Our courts simply do not approach disputes about pets this way.  Pets are – pure and simple – property.  Some examples taken from a few recent Ontario court decisions:

• In a Franco v. Franco, 2024 ONSC 6436, which involved a dispute over a dog, the court confirmed the basic legal principle that governs: The test in Ontario is still who has ownership, not what is in the animal’s own best interests.
• In Enei v. Enei, 2024 ONSC 6323 a husband asked the court for the return of the couple’s two dogs or, alternatively, “shared custody” of them. The court said plainly that it cannot make a joint custody order for pets.

Q: If I paid for the pet, is it automatically mine?

Paying for the pet counts for a lot, but it isn’t always the end of the story. In the Franco case, the husband had paid for the couple’s Yorkshire Terrier. However, the purchase agreement, the original microchip registration and the dog’s first veterinary records all named the wife. The breeder also confirmed the dog had been a gift to her. After hearing all the evidence, the court found that the wife was the owner.

The reverse can also happen. In a case called Brooke-Bisschop v. Carson, 2026 ONSC 3945, a man’s name appeared on the purchase agreement for a golden retriever and on its Canadian Kennel Club registration. However, his former partner had chosen the dog, paid for it, and always intended it to be hers. The court found she was the sole owner. It treated the registrations as administrative records rather than proof of ownership.

Q: My partner says the pet was a gift to them. How does a court decide that?

A gift requires three things. The owner must: 1) intend to give the pet away; 2) actually hand it over, and 3) the other person must accept it.

All three must be present, as was demonstrated in a case called King v. Mann, 2020 ONSC 108.  A woman had bought a puppy, even though her partner had made it clear he didn’t want a dog.  Nonetheless the puppy stayed, and the man picked the name “Copper” as a nod to his job as a police officer.  When the couple eventually split, he claimed the woman had given the dog to him, and pointed to her remark when she first showed it to him: “look what I got you.”

The court found that this remark, made to someone who had just objected to getting a dog, wasn’t a serious offer of a gift. The man had not been pleased when Copper arrived, and the fact that he fell in love with the dog over time did not change this. Naming the dog didn’t make it his, either. The woman remained the true owner.

Q: I did most of the care. Doesn’t that make the pet mine?

Not on its own. In the King case, the court held that spending time with a dog, spending money on it, or treating it as the family pet does not change who owns it. In Brooke-Bisschop, the court noted that sharing the care of a pet is a normal part of life together, and doesn’t create ownership rights.

Q: Can the court order a shared schedule, like week-on, week-off?

No. The court in Brooke-Bisschop refused to enforce what the man called a “timesharing” arrangement for the dog. There was no binding agreement between the former couple, and any formal order would have required the court to oversee the arrangement on an ongoing basis – which it was unprepared to do.

(That said, you and your former partner can still agree to share time with a pet, without needing the court to intervene. The arrangement can work if your communication is respectful and reliable, and the terms are clearly written down.)

Q: What if we own the pet jointly, or have more than one?

Since a single pet can’t be divided, the court has to decide who keeps it. In some cases, courts have looked at who has cared for the pet since the separation.

If there is more than one pet, the court may divide them up amongst you both. In Coates v. Dickson, 2021 ONSC 992, the court found two dogs were jointly owned, and let each party keep one.

Q: If I leave my pet behind when I move out, have I given it up?

Not necessarily.

In another very recent case called Turner v. Ross, 2026 ONSC 3592 the mother left the family home in a hurry and moved into temporary housing. She couldn’t take the cats with her. She wrote that the animals would be her husband’s “to care for or not.”

The court read that note in context: She meant he could look after them for now, not that he would own them. A few days later, she returned with police to try to collect Harrold. The court also noted, with approval, that she had avoided simply taking the cat while the case was ongoing. The father’s years of caring for Harrold after the separation didn’t change who owned him – it was the mother.

Q: My Ex won’t return our pet. What can I do?

Act quickly, before the situation becomes “the new normal.” In the Franco case, the parties shared the dog after separating. Then the husband announced he was keeping her. The court ordered the dog returned to the wife, along with her records, and ordered the husband to pay costs.

What helps in these situations, is the following:

• Strong evidence made that early resolution possible. In Enei, the wife took the couple’s two dogs when she moved out. The evidence about who owned them was so hotly disputed that the court couldn’t decide on a motion, and the question was left for trial.
• Keep your communications calm and in writing. Preserve proof of ownership and care, such as receipts, registrations, vet records and messages. Get legal advice before you take matters into your own hands.

Q: Can I be reimbursed for what I spent on the pet?

Don’t count on it. In Brooke-Bisschop, the man claimed he should be repaid for money he had spent on the dog. The court dismissed his claim. Spending on a shared pet during a relationship is usually voluntary, part of the ordinary give-and-take of life together. Money he spent after the breakup to keep seeing the dog was his own choice.

If you expect to be repaid, put that agreement in writing.

Q: Is there such a thing as “pet support”?

Not under Ontario law. Pets aren’t family members in the legal sense, so there’s no equivalent to child support.

However, many separating couples do agree that the person keeping the pet will receive a contribution toward its care, or that large costs like emergency vet bills will be shared. If that’s in a written agreement, it can be enforced like other financial terms.

The Best Way to Avoid a Pet Dispute

The simplest way to protect yourself and your pet is to deal with it ahead of time. A cohabitation agreement or marriage contract can include a “pet clause” covering who owns the pet, whether you’ll share time, and who pays for what. If you’re already separating, a separation agreement can do the same.

If you’d like help with a pet clause, or you’re in a dispute over a pet right now, give our offices a call.