Pet Custody: How do you prove ownership?

A pet is part of our family, like our children. When parties separate, it could be a difficult decision as to who keeps the pet. If no agreement can be reached between two people, this will give rise to a dispute which we could assist with. 

Pets are classed as “chattels” in UK law, meaning they are treated as an item of personal property and, if the parties are married then a matrimonial asset upon divorce. 

We can help where the owners are in a cohabiting relationship and/or married. We deal with pet custody disputes in the context of family relationship breakdown only and if your dispute is with a family member. However, we do not assist with cases which involve a third party such as the police or the RSCPA. 

Who keeps the pet?

It is simple, the person who paid for the pet is the legal owner and, therefore, gets to keep the pet. 

Jointly owned pet

If both parties have jointly purchased the pet, then the following options are available: – 

• The owners can attempt mediation
• Negotiations through solicitors 
• One owner can buy the other out 
• Court proceedings

It is always better for the joint owners to reach an agreement between themselves. If this fails and Court proceedings are necessary, the Judge must make the decision based upon evidence provided. The Court outcome may not be welcomed by both owners. 

In the case of Ant McPartlin and Lisa Armstrong, the Court granted shared custody of the dog Hurley on a week-by-week basis. 

A married couple 

If the pet was purchased during a marriage, then he or she will be discussed as part of the financial settlement in divorce and financial proceedings. Custody arrangements for the pet, insurance and vet costs could be defined as part of the financial order. 

Gift 

If the pet was gifted to one party during a cohabitation relationship, then the legal ownership shifts from the buyer to the recipient. However, this could be difficult to prove and evidence by way of text messages and/or social media posts may be required to determine ownership. Simply saying “he/she gifted me the pet” will not suffice. 

Blanchards Law Procedure 

We can offer two types of service here at Blanchards Law.

Either we can mediate with you both to try to reach an acceptable solution, whereby we would be an independent third party.

Or we can act for one of you as your lawyers.

If you would like us to act for you, there is a two-step procedure which we follow here at Blanchards Law. 

We would send a Letter of Claim to the other person as the first step setting out the facts which relate to the pet and your position. If the pet is jointly owned we would propose a sensible agreement between you or invite you both to consider mediation. We can help to find you a suitable mediator if we are not able to mediate for you. We would provide you with a list of suitable mediators for you to contact if both parties agree to undertake mediation. 

However, if the pet belongs to you solely, then we would simply give the other person a deadline to return the pet and the letter would be treated as a warning before commencement of Court proceedings. If we do not receive a proper response from the other person, the second step would be to issue a Claim Form at your local County Court. We must pay a small Court fee, which is dependent on the sum paid for the pet. We would draft the Claim Form and file this with the Court on your behalf. However, we do advise that you represent yourself at Court to keep costs down. 

We are happy to advise you and represent you whether you are bringing or defending a claim.

If you would like to speak to our pet custody specialist about your dispute and/or require further information, please pick up the phone and call us on 0333 344 6802 or book an appointment here.