Pet Ownership in Separation: What You Need to Know

As a nation that cherishes animals, it’s no surprise that pets play a significant role in many families. With over half of UK households owning a pet – most commonly dogs and cats – the question of “who keeps the pet?” often arises during separations and can be a highly contentious issue.

Who Owns the Family Pet After Separation?

Under Scots law, pets are treated as property, much like a car or a piece of furniture. While owners may see their pets as family members, the legal system does not apply a “best interests” test when determining ownership.

Generally, the registered owner of the pet is considered its legal owner. If there is no registration, ownership is typically determined by who originally purchased the pet. This can become complicated if the pet was bought with joint funds or if no clear records exist of who paid for it.

What Are Your Options?

In some cases, you may be able to apply to the court for a transfer of ownership if you wish to keep the pet. However, there are no reported cases in Scotland that set a clear legal precedent for how such applications would be treated and Courts will not make arrangements for shared pet care in the way they do for children.

This means that separating couples are encouraged to reach their own agreements regarding pet ownership. In Scotland, couples have significant freedom to create legally binding agreements that cover all aspects of their separation, including pet arrangements.

Finding a Practical Solution

Couples should consider practical factors when deciding on pet arrangements, such as:

• Living arrangements – Does each person’s new home allow pets?
• Health and age of the pet – Will the pet likely respond well to a shared care agreement? Will it be okay transitioning between two properties?
• Availability – Who has the time to provide daily care, walks, and attention?
• Financial responsibility – Who will cover vet bills, food, insurance, and other costs?

Possible solutions could include:

• Shared care – A practical arrangement, particularly if both parties have busy schedules or want to split costs.
• Following the children – If children have a strong bond with the pet, it may be best for the pet to stay with them.
• Formal agreements – Including pet arrangements in a separation agreement can help clarify responsibilities and prevent future disputes.

How We Can Help

We understand that pets are more than just property – they are part of the family. Our team can help you navigate both the legal and practical aspects of pet ownership following separation.

Find out more about our Family Law services here.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.