If you’re separating and you have a pet, you’re probably already worried about this. You’re not alone. This is a potentially devastating problem.
The law is gradually catching up with how much pets actually matter to people but the court remains unpredictable.
Here’s what you need to know.
Pets Are Property. (The Law Knows This Is Awkward.)
In Canada, pets are legally classified as personal property. They are not children or family members. They are property. Courts have said this out loud. In one Ontario case, a judge wrote: “However much we love our dogs, the law treats them as an item of personal property. The question is who owns the creature.”
Despite pets still being legally categorized as property, the law has been quietly bending for years to take into accounts that pets are not experienced by most people as property.
British Columbia Changed the Rules in 2024
In January 2024, BC updated its Family Law Act to formally recognize that pets are not just objects to be treated as such. The amendments to the FLA and the courts have resulted in pets still being property but the courts can consider the best interests of the pets when deciding who gets to keep them.
That’s a big deal. It means a judge isn’t just asking “who paid for the dog?” anymore. They’re asking who walked her, who took her to the vet, who she sleeps next to.
There’s one important limit: a judge cannot order shared custody of a pet. Under the FLA, only one person gets the pet. The court won’t split the week between two households. The court can uphold an shared ownership agreement if one has been made by the couple, but will not impose a shared arrangement.
What a Judge Will Actually Look At
If your pet dispute ends up in court, here’s what the judge is weighing:
- Who acquired the pet
- Who did the day-to-day care (feeding, vet visits, walks)
- Whether there’s any history of family violence or cruelty toward animals
- What relationship any children have with the pet
- Who is able to meet the pet’s needs going forward
- Practical factors like where each person is living
One judge noted that a spouse who waited 16 months before filing a claim about the family dog and meanwhile leaving him in her ex’s care the whole time had effectively signalled her trust in her ex’s ability to look after him.
You Don’t Want a Judge Deciding This
The law is getting better, but it’s still imperfect. Judges are working with a framework that calls your dog property even as they try to do right by her. Outcomes can be unpredictable. Court is expensive, slow, and stressful.
The kindest thing you can do for yourself and for your pet is reach an agreement with your ex about the pet. The agreement doesn’t have to be complicated. Just address:
- Who the pet lives with
- Whether the other person can visit
- How vet bills get divided
- What happens if one of you moves
Your pet didn’t choose to be in the middle of this. A little common sense goes a long way toward making sure your pet still spends time with the people they love.
A timely clause about the pet will prevent the need for claws afterward.