How can I legally get my dog back from my ex?
Writ of Replevin: In some cases, you may be able to file for a writ of replevin, which is a court order demanding the return of personal property. However, this is usually only granted if you can demonstrate clear ownership of the dog (e.g., receipts, microchip registration) and that your ex has no legal claim to it.
Who gets to keep the dog after a breakup?
Most likely an individual and their ex went together to purchase the animal. However, courts will look at whos name is actually on the receipt. Most courts see an animal as property. As such, the person who paid for the animal is the one who is entitled to keep them, though this is not always set in stone.
Who owns dog after breakup?
If the dog is premarital property, it is yours and you have the right to keep it. However, if the dog is marital property, you will need to negotiate with your ex-partner or go to court to determine ownership.
Can my ex come take my dog?
Generally, property given as a gift is not required to be returned, unless there was some type of agreement that the item would be shared or returned. In the case of a dog, for example, if there was an agreement that if you broke up, your ex would take the dog back, then the dog would need to be returned.
What determines ownership of a dog Ontario?
Instead, the court typically considers factors like ownership records, who has primarily cared for the pet, and who purchased or adopted the pet. While the court aims to make decisions in the best interests of both parties involved, it does so with the understanding that pets are property.
What are the rules for pet custody in Canada?
If the couple owns several pets, the court will divide the pets, and each person will keep several pets. If there is only one pet, the court must grant custody to only one spouse. In this case, the court must decide whether to treat the pet as property, person, or both.
Who gets the dog in a breakup Ontario?
Although you or your spouse might consider your beloved pet a family member, the courts have ruled that dogs and other animals are personal property just like a house, a painting, or a bank account. As such, the animal must be divided like any other piece of personal property the couple owns.
What happens to the dog when you break up?
The best solution is to settle pet custody outside of court, and to come to a mutual decision together. These can be hard conversations to have but, if you can, sit down with your partner and discuss what the arrangements for your pets future should be, and whether the decision you have made will be the best for them.
