The law regarding pets in family law matters
It often comes as a surprise to clients that pet ownership in family law matters is actually dealt with in accordance with the property settlement provisions in the law. Despite pets’ special place in families, they are treated much the same as any other item of property in a property settlement and as such either the pet needs to be sold or transferred into one party’s sole name.
Therefore, our preliminary advice tends to be to try to come to an agreement with your ex about pets. While a Court may not endorse a “spend time” arrangement, there is nothing stopping separating couples from reaching an agreement in private about the pet’s living arrangements.
If, however, you are unable to reach an agreement about the pet, the question of “Who gets the pet” has been a question the Court has grappled with for some time on the rare occasion such a dispute has progressed to a trial.
Recent cases
In a recent case, the Court heard a case where the only outstanding issue was the ownership of the parties’ dog. The Husband contended that he purchased the dog and it was registered in his name. The Wife said the dog had always lived with her and the dog was a gift from the Husband.
Ultimately, the Court ordered the Husband to transfer the dog to the Wife in circumstances where:
- It was the Wife’s idea to purchase a dog. The dog was purchased shortly before the Wife’s birthday so the Court accepted the dog was a gift.
- The Wife tendered numerous bank statements and documents from the vet evidencing her attending all appointments and being listed as the owner of the dog.
- The Husband waited until 8 months after separation and after the Wife had protested before registering the dog.
In another case, the Court heard an appeal where in the original trial decision, the primary judge transferred the dog from the Wife to the Husband noting that the Husband had an “emotional interest” in the dog, where the purchase monies were intermingled, and where the parties agreed that the dog was purchased for the Husband’s daughter.
On appeal the Court ordered that the Wife would retain the dog and pay the Husband the sum of $800, allowing the Husband to consider giving that $800 to his daughter to purchase another dog. The Court came to this decision because:
- The Wife was the registered owner of the dog and could meet the purchase price and ongoing costs of the dog.
- While the parties intended to purchase the dog for the Husband’s daughter, she is not a party to these proceedings and thus has no equitable or legal interest in the dog; and finally
- “As much as it will pain pet lovers, animals are property and are to be treated as such. Questions of attachment are not relevant and the Court is not, in effect, to undertake a parenting case in respect to them”.
Steps you can take
As you can see the question of who gets the pet will turn on the facts of each case. To assist your claim, you should consider:
- Ensuring that the pet is registered in your sole name.
- Keep records of who purchased the pet.
- Keep records of the expenses you have incurred regarding the pet.
- Keep evidence such as photos of where the dog has primarily lived.
- Have yourself listed as the owner of the pet with the vet.
- If you still cannot reach an agreement, a bidding process to purchase the dog from the other can be a solution.
If you have a dispute about the ownership of a pet with your ex-partner or are otherwise in a property dispute, please contact our office on (02) 4944 3322 to make an appointment with one of our family law solicitors.
