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The end of a relationship is tough, but choosing who keeps the family pet can feel like an impossible, and deeply painful, decision.
In Ontario, pets have a legal status that might surprise you. They don’t fall under the same laws as children when it comes to parenting time and decision-making responsibilities. Instead, they’re treated more like household belongings or furniture. Let’s unpack what that means, and what you can do about it.
Under Ontario’s Family Law Act, all pets are considered personal property. That means they fall into the same asset class as cars, furniture, or electronics. Courts don’t think in terms of custody or a pet’s wellbeing, they focus on ownership.
Ontario courts have consistently held that pet custody disputes fall outside the scope of family law proceedings. In Warnica v. Gering, 2004 CanLII 50065 (ON SC), the court dismissed a man’s claim for joint custody of a dog, finding that the matter was not appropriate for Family Court. The judge concluded that pets are considered personal property, not children, and that courts should not be in the business of making custody or access orders for animals. The case was dismissed under the principle that legal procedures must be proportional to the nature and complexity of the issue, and that further proceedings would not justify the use of additional court resources.
Because pets are considered property, courts look at ownership; but that doesn’t always mean who paid for the pet. In practice, courts may consider factors such as:
In Coates v. Dickson, (2021 ONSC) the court recognized that determining pet ownership after separation can involve more than just who paid for the animal. While the law treats pets as personal property, the judge adopted a broader, more contemporary approach, one that considers emotional connection, caregiving responsibilities, financial contributions, and the overall relationship between the parties and the animals. In that case, the couple had two Labrador retrievers. Because both spouses were equally involved in the dogs’ care and both had legitimate claims of ownership, the court found the dogs were jointly owned. Given their inability to share or co-parent the dog’s post-separation, the judge awarded one dog to each party.
In Duboff v. Simpson (2021 ONSC 4970), the court confirmed that pets are considered personal property and ownership, not emotional attachment, is the central legal issue. While the law does not recognize custody or access rights for animals, the court applied a broader ownership analysis, considering who adopted the dog, paid for her expenses, provided daily care, and held official documentation. In this case, although both parties loved the dog deeply, the court found that only the husband’s name appeared on adoption records, veterinary and licensing documents, and he bore the bulk of financial and caregiving responsibilities. As a result, he was declared the dogs sole legal owner.
Courts rarely order joint custody or visitation for pets. They view the argument as not worth the time, especially when other family issues like kids and support are at stake.
Rather than leave the courts to sort pet ownership, couples can and should plan ahead.
Domestic contracts (Cohabitation Agreements, Marriage Contracts, Separation Agreements)
A domestic contract (such as a cohabitation agreement or marriage contract) can include your intentions around who will keep the family pet in the event of a separation, how costs will be shared, and whether there will be shared care or a visitation schedule. While the court may consider these terms as evidence of ownership if there’s a dispute, it is not obligated to enforce custody or access arrangements for pets. Pets are treated as personal property – not children – and Ontario family courts do not have jurisdiction to enforce shared care or visitation schedules for animals.
When there’s conflict over who keeps the family pet, mediation offers a way to resolve the issue without going to court. A neutral third party, the mediator, can help both parties communicate, consider practical solutions, and reach a written agreement that reflects what matters most to them. Settling pet-related disputes through mediation not only saves time and legal costs but also helps you avoid the stress and uncertainty of leaving the decision in a judge’s hands.
Ontario has yet to follow the lead of British Columbia, which in 2024 redefined pets as “companion animals”. BC courts now have limited power to treat pets differently, considering their best interests – but even there, the pet still counts as property at law.
In Ontario, the legal position remains pretty rigid. But if enough people push for change – and if case law continues to evolve – courts might eventually see pets differently.
In Ontario, courts generally do not order shared custody of pets. That’s because, under the Family Law Act, pets are considered personal property, not children or dependents. Unlike child custody, there’s no legal framework that supports the idea of “co-parenting” a pet. So even if you and your former partner both feel deeply bonded to your pet, the court will not create a formal arrangement for rotating schedules, drop-offs, or visits.
That said, you can create a shared care plan outside of court. If both parties agree, you can spell out how time and responsibilities will be divided. For example:
To make this enforceable, it’s best to include it in a separation agreement. If you don’t have a formal agreement, you’re relying on the honour system, which works for some, but not all. Problems often arise when one person refuses to return the pet or stops contributing to expenses. Since the law doesn’t recognize joint pet ownership in the same way it does with children, courts typically won’t get involved unless there’s clear evidence of breach of a legal contract.
Ownership of a pet can be more complicated than just saying, “I bought it.” While purchase documents are helpful, courts in Ontario will consider several factors to determine who should keep the pet, especially if there’s a dispute.
Here’s what can help prove your claim:
In some cases, even if the pet was originally purchased by your spouse, the court may decide ownership has shifted based on caregiving. For example, if you’ve been the one walking, feeding, and taking the pet to the vet while your partner was largely uninvolved, a judge may rule in your favour.
Ultimately, the more you can document your financial contribution and day-to-day involvement, the stronger your position. Remember: you’re not proving who loves the pet more, you’re proving who has legal possession and care history that supports an ownership claim.
This is a common issue, and it can be frustrating. Legally speaking, ownership often defaults to whoever’s name is on official documents, like adoption or registration papers. However, if you’ve consistently paid for the pet’s food, vet care, insurance, or training, you may have a valid claim – especially if you can provide proof.
Ontario courts have started to acknowledge the nuanced nature of pet ownership in family disputes. In some recent cases, judges looked beyond paperwork and considered:
For example, if your ex’s name is on the paperwork but the pet has lived with you for years, and you’ve handled every bill and responsibility, a court may conclude that you are the rightful owner. It’s not guaranteed, but courts are increasingly willing to take a broader view, especially when it’s clear that one partner treated the pet as part of their household and the other did not.
If possible, try to negotiate a resolution with your ex; perhaps offering financial compensation or shared care. If not, gather all your evidence and speak to a legal professional who understands Ontario’s family property rules.
If you’re separating and want to avoid future conflict, it’s smart to include a pet clause in your separation agreement. This clause outlines who will keep the pet and, if relevant, how responsibilities and costs will be shared.
Here are the key details to include:
Having this clause included in a formal agreement makes it enforceable and clear. It also saves you time and stress if a dispute arises later. You can work with a mediator professional to draft a clause that reflects your unique situation.
If you moved out of the shared home and your partner kept the pet – even temporarily – it can be challenging to get the animal back, especially if there’s no written agreement in place. Ontario courts see pets as property, and property disputes rely on proof of ownership, not emotional attachment.
If the pet was originally yours (you paid for it, it’s registered to you, and you provided care), your best option is to:
Be aware that if you left the pet behind and took no steps to get it back, your partner could argue that you abandoned the animal or relinquished ownership. Courts will look at your behaviour, not just documents. The longer the pet stays with your ex, the harder it is to reclaim them—so act quickly if you want to assert your rights.
Deciding who will keep a family pet after separation is rarely simple – especially when emotions run high and the law treats animals as property. The best way to protect your relationship with your pet is to be proactive:
At Positive Solutions Divorce Services®, we can help you create agreements that address not just parenting schedules and finances, but also important issues like pet ownership. Our mediation process gives you the chance to work together toward a solution that meets your needs and avoids costly legal battles.
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Throughout the mediation process, we encourage open communication and creative problem-solving, often uncovering mutually beneficial solutions. Our goal is to help you create a separation agreement that provides clarity and stability during this transitional period, while also being flexible enough to adapt to future changes.
By choosing our mediation services for your separation agreement, you can often achieve a more personalized and comprehensive document than one created through traditional legal channels, potentially saving time, reducing costs, and laying the groundwork for a more amicable post-separation relationship.
A Separation Agreement is a legally binding document that outlines how separating spouses will divide parenting responsibilities, property, and finances after a relationship ends. At Positive Solutions Divorce Services®, we help couples create clear, enforceable Separation Agreements through mediation—without going to court.
Our trained mediators guide both partners through every topic that matters: parenting time, decision making, child support, spousal support, and property equalization. We offer a calm, structured environment where couples can resolve issues respectfully and affordably. Once decisions are made, we prepare a comprehensive agreement that can be reviewed by independent legal counsel and signed to become legally binding in Ontario.
*The information included in a Separation Agreement, or other applicable documents, is purely a guide and cannot substitute for a lawyer’s skill, knowledge, and careful drafting. These documents are simply reflective of the information received from you and are an administrative service only.
Positive Solutions Divorce Services® does not warrant and is not liable or responsible for ensuring the validity and/or enforceability of any Agreement or clause in an Agreement and remains your full and sole responsibility. Full financial disclosure is a crucial element in the preparation of any Agreement. It is also critical that you understand your rights and obligations under existing law.
In many circumstances, the Agreement will be addressing complex assets and issues, such as corporations, trusts, pensions, tax implications etc. In these cases, it is imperative that the actual relevant documentation be reviewed and that the expertise of an accountant or specialist in the subject area be consulted to ensure that the Agreement properly addresses these complex assets and issues. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.