When families separate, they face a range of complex issues. Decisions must be made about the children’s primary residence and how much parenting time the other parent will have. Former spouses must also figure out new living arrangements and the division of shared property, finances, and other assets. However, one matter that is increasingly significant in Toronto asset division cases is determining what happens to family pets.
For many families, pets are more than just property—they are cherished companions. Deciding who keeps the family pet can be emotionally charged and legally intricate, as courts may not treat pets like other marital assets.
A knowledgeable property division lawyer from The Riley Divorce & Family Law Firm could guide you through the legal process and help you understand your rights and options.
Pets provide people with companionship, joy, excitement, and comfort. When you come home from a long day of work, you can almost always count on an excited greeting from your loyal dog or cat. People can form deep emotional bonds with their pets. Many people consider pets to be members of their families, so when they get divorced, they want to keep their family together. Although it might not seem logical to many pet owners, Toronto law treats pets as property and not as family.
In an asset division case following a separation or divorce, a Toronto court would look at the cat or dog that your family has had with you for many years as a possession in the same way the court would look at a living room sofa or painting on the wall. Just as both spouses cannot retain access to each other’s possessions, both spouses cannot retain access to a pet. Unless the couple agrees on other terms between themselves or with the assistance of their lawyers, the dog or cat would most likely go with one person.
Compassionate local lawyers understand how valuable family pets can be to a person’s emotional well-being. They could work to ensure you reach a solution that allows you to remain with your pet.
Unfortunately, in asset division cases, Toronto courts do not look at what is in the best interest of the family pet as they do with child custody cases. Instead, a court would look at who owns the pet.
Sometimes, determining ownership is as simple as looking at who originally bought the animal. If one person owned a pet and then got married and brought the pet into the family home, the original owner would likely retain ownership of the pet after a divorce.
If the couple purchased the pet together during the marriage, determining ownership can be more complicated. If one party bought a pedigreed dog, their name might be on the title, giving them a stronger claim of ownership.
However, if a couple bought a pet together during the marriage, using their joint assets, a court would need to look at other factors to determine who is the sole owner of the pet after a divorce, such as:
Sometimes, the best option for two owners who love their pets is to negotiate an agreement that awards shared ownership or visitation. A skilled local lawyer could help you determine what might work best for you.
Navigating the divorce process can be challenging for many reasons. When people cannot agree on what should happen with pets in Toronto asset division cases, they should try working with an experienced local lawyer from The Riley Divorce & Family Law Firm.
Talk to our dedicated legal team who is accessible 24 hours a day to answer your questions.
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