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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74453
Experience:  Qualified Solicitor
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My ex partner has currently took our shared pet and not

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My ex partner has currently took our shared pet and not letting me see him. I wondered if there was anything legally I can do
JA: What steps has your ex partner taken? Has he filed any papers in family court?
Customer: No, he was just kicked me out the house and told me I can't see him
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your ex partner live in?
Customer: Yeah it would be Mansfield Magistrates' Court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Who is the pet registered to? and who is responsible for the day to day care and costs of keeping the pet?

Customer: replied 1 year ago.
The dog is registered to my partner through the vets but on his microchip it is half my details and half his. I am the one responsible for the day to day care. I also pay for the dogs pet insurance, pet food which I have ordered paper statements from the bank. I also have the deposit for the dog paid out of my bank account.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. Under law, pets are treated as ‘chattels’, which just means an item that is owned. They will not be seen as a living thing and will be treated in the same way as inanimate objects, like a car.

If there is a dispute as to who should take possession of a dog, the first thing the courts would look at is who the legal owner is. Initially, that would be the person(s) who bought it, with any subsequent transfers of ownership dependent on the actual circumstances (e.g. was ownership gifted to someone at any point).

If the person who is the legal owner has had the dog taken away by someone else, they have the following options:

{C}1. The easiest one is to try and locate the dog and where it is being walked and once it is on public property, beckon it to come to you and if it comes, you can take it as it is legally yours.

{C}2. If that does not work or is not a viable option, the matter may have to be taken to court. If it ended up there, the following outcomes are possible:

{C}· A declaration of ownership, and

{C}· An order for the return of the dog, and

{C}· An order for damages for wrongful retention of the dog

Just be aware though that even if the court orders that the dog be returned, no one can physically force the person who has it to do so. In that case, the court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared, or just order the party who has it to compensate the other for their share of ownership.

Does this answer your query?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
perfect thank you

All the best