My partner and I are separating – who gets the dog?

When a relationship ends, one of the most emotional questions couples face is: who keeps the family pet?

The Family Law team at SV Law is often consulted on the legal rights and remedies available when relationships break down. If you have specific questions about pet ownership or other family law matters, our lawyers are here to help.

Pets Are Property

For many people, pets are members of the family. The emotional bond is strong — which makes deciding who keeps the pet after separation especially difficult.

However, under Ontario law, pets are considered property, not dependents. This means that questions of ownership are handled in the same way as other property disputes under the Family Law Act.

Ideally, separating partners can reach an amicable agreement without going to court. If one person owned the pet before the relationship, that person often keeps it. In other cases, the couple may agree that the pet stays with the person most connected to it. Some couples even create a shared care schedule, with the pet alternating between homes.

If the parties cannot agree, the courts may need to decide who keeps the pet. Understanding how ownership is determined can help set expectations before that happens.

How Courts Decide Pet Ownership

When it comes to determining pet ownership, Ontario courts have taken two general approaches: one traditional, and one modern.

The traditional approach focuses on who purchased the pet¹, treating ownership much like any other personal property. In King v. Mann (2020 ONSC 108), the Court reaffirmed that ““the law continues to hold that disputes over dogs are to be approached in the same manner as with any other personal property, namely the relevant question is ownership.”²

The modern approach recognizes that a pet is not the same as a piece of furniture. Courts considering this broader perspective look at the overall relationship between the parties and the pet, including who cared for and paid for the pet and how each person’s bond with the animal developed. In Coates v. Dickson (2021 ONSC 992), the judge held that “ownership of a dog is an investment that goes beyond the mere purchase price.”³

Moving Forward After Separation

Determining who keeps the family pet after a separation can be both emotionally charged and legally complex. Every situation is unique, and having trusted legal guidance can help you reach a fair and compassionate resolution. 

¹ Warnica v. Gering, 2004 CanLII 50065 (ON SC), para 28.
² King v. Mann, 2020 ONSC 108 (CanLII), para 70.
³ Coates v. Dickson, 2021 ONSC 992 (CanLII), para 17.

If  you’re experiencing a relationship breakdown and have questions about pet ownership or other family law issues, contact our Family Law team at SV Law to schedule a consultation.