Who gets custody of the dog?

A breakdown in your relationship with your husband, wife or partner will inevitably involve resetting other relationships too. That might be your relationship with your former in-laws, perhaps stepchildren and wider friendship groups. And of course there is the dog.

Legally a dog is just a “chattel” which is a word used by lawyers to mean, broadly, things you can own which are not land or buildings. So a car, a watch, and a piece of furniture are chattels, and the dog is just another item on that list. Most dog owners would disagree with that. As would most dogs, including my terrier.

The first question might be to ask who owns the dog? That is established by traditional principles of property ownership, and the question who bought the dog and who paid for it are often important. But it is possible to transfer ownership of a dog, or even part of a dog by way of a gift. And I suppose it would be possible to argue that even if your partner bought the dog, if they led you to believe that the dog was jointly owned, and you then ‘acted to your detriment’ (eg paid for dog food, vets bill etc obviously, but what about getting up in the dark to take it for a walk, or giving up the best place on the sofa?) then legally you own a share of the dog applying the principles (constructive trusts, proprietary estoppel etc) more usually discussed in the context of disputes about land and houses. So, these things seldom as simple as they seem. Find out more information on  unmarried property disputes and also what is proprietary estoppel.

In the context of a divorce (or a financial dispute arising from dissolution of a civil partnership) the question of ownership is often of secondary importance because the court has power to transfer ownership of the dog from one party to the other on the ground that it is fair and reasonable to do so, just as any other asset. Read more about financial issues following divorce.

In practice there are very few reported cases about disputes about dogs in the divorce courts, contrast disputes about houses etc of which several are reported each week. But one arose in the family court in Manchester, on Christmas Eve 2024, before District Judge Crisp.

Reading the case report is a sharp reminder just how sad and painful a family breakdown can be. This family had clearly been involved in a lot of dispute, including court proceedings about the arrangements for their children. But the case before Judge Crisp concerned specifically who should have the Labrador Retriever puppy.

Judge Crisp listened carefully to what each party had to say. She was interested not only in who had bought the dog and in what circumstances, but more importantly who the dog saw as her carer.  Judge Crisp was interested to know which of the husband and wife understood about dogs, which of them was compassionate and would always put the dog’s interests first, and where the dog (which had evidently voted with her paws) considered to be a safe place where she belonged. Judge Crisp decided that in this case the dog’s home was with the wife and that is where she should stay .‘It would be upsetting both for the dog and for the children were those arrangements to alter’.

Judge Crisp’s judgment is wise and thoughtful. In many ways her approach is similar to the approach we see in cases concerning the arrangements for children – the welfare of the subject child being central, and his/her wishes and feelings being taken to account. But (so far)  Judge Crisp is a relatively junior member of the judiciary, so the case carries no real weight as a legal precedent. We will have to wait and see if the higher courts follow her lead.

---

Warning :This post is intended as a general guide only – It is important to obtain expert advice about your own situation, I can certainly accept no responsibility for any loss you might suffer as a result of relying purely on the information on this website.

---

John Pratley is an expert divorce lawyer, who has more than 25 years’ experience advising clients purely about divorce and related family law issues, such as the financial consequences of separating and divorcing. After establishing the first niche family law practice in Bristol, and going on to senior management roles in a national firm, John set up Apple Tree Family Law in 2018. Apple Tree Family Law solicitors specialise in advice about divorce and financial issues.

We are based in Bristol and Exeter, but we have clients all over the UK and further afield. We offer, simply, clear and accurate advice about divorce and family law issues, and the very best client service, for a clear and reasonable price.