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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Law
Satisfied Customers: 408
Experience:  Experience in Litigation, Property, Family and Employment Law matters
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I am wondering who has ownership of a pet after a breakup

Customer Question

i am wondering who has ownership of a pet after a breakup and if there is anything i can do to change that ownership to me
JA: Where is this? It matters because laws vary by location.
Customer: manchester uk
JA: What steps have been taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 11 days ago.
Category: Law
Customer: replied 11 days ago.
the dog was bought in december 2020, my ex paid for the dog (snow) and snow is registered in my exes name. Currently we are "sharing" custody however snow is with me for the majority of time and I pay for all her food and her vet bills and insurance. i am wondering how I can take sole ownership of the dog and get her registered under my name as i fear that my ex is going to try and take snow away from me in the future. I have tried asking my ex to sign snow over to me but she has refused and it is causing arguments between the two of us
Expert:  NewExpertAS4920 replied 11 days ago.
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
Customer: replied 11 days ago.
i will answer anything to the best of my ability
Expert:  NewExpertAS4920 replied 11 days ago.
A dog is treated as a chattel under the english law. So like any other property you both should try and come an agreement mutually. Once decided it is always best to have the terms agreed in a settlement agreement to avoid future disputes.If a settlement agreement cannot be agreed and your ex takes your dog then at that stage you could consider a court action.
Customer: replied 11 days ago.
also i want to add that i lived in an owned property with a very large secure garden, the house i live in is the same house that we both lived in when we got snow and where snow has lived for all the time that we owned her. my ex has moved into a rented property, which doesnt allow pets, and has a very small back yard
Customer: replied 11 days ago.
we cant come to a mutual agreement over snow, if i do take court action i am wondering what my chances are of winning
Expert:  NewExpertAS4920 replied 11 days ago.
I would not recommend going to the court as that can be a very expensive process. As for chances of success the court will consider all the facts such as who brought the dog, who cared for the dog who is practically able to keep the dog etc.
Expert:  NewExpertAS4920 replied 11 days ago.
If your ex is not allowed to have pets it only makes logical sense for you to keep her and you and your ex can try and come to an arrange as to how you ex can spend time with her etc
Customer: replied 11 days ago.
i have tried to reason with her over and over again, she is a very selfish person. and it seems like there is no logic with her
Customer: replied 11 days ago.
what are all the factors that the court takes into account?
Customer: replied 11 days ago.
also out of curiosity how much would going to court over this issue cost, its something i am willing to do as a last resort
Expert:  NewExpertAS4920 replied 11 days ago.
I can share a link with you which has useful guidance for your situationhttps://doglaw.co.uk/civil/ownership-custody-disputes/
Expert:  NewExpertAS4920 replied 11 days ago.
I hope that answers your query. But Please let me know if you have any further questions
Customer: replied 11 days ago.
how much would going to court over this issue cost, its something i am willing to do as a last resort
Expert:  NewExpertAS4920 replied 11 days ago.
There would be an issue fee I think it's just over £100. Then a hearing fee. If you instruct solicitors there will their fees probably at an hourly rate which varies from firm to firm. And you may also need to instruct counsel to represent you at the trial and their fees can be over £2000 depending on experience.
Customer: replied 11 days ago.
okay so looking into the dog law website, and all the things the "determine the ownership of a dog" the majority of the bullet points go in my favour. What is your advice on how i approach this with my ex. All i want to do is get snow registered in my name rather than my exes, i dont want to stop her seeing snow or anything like that i just dont like her having snow in her name as she has made threats before to take snow away from me and it makes me very uneasy her having that power
Expert:  NewExpertAS4920 replied 11 days ago.
As stated above you should try and negotiate this and come to an agreement. You could say the law is likely to be on your side etc should you wish. If this fails then maybe ask a solicitor to issue a letter before action asking her to transfer the onwerhsip and see if she agrees.
Customer: replied 11 days ago.
Do the courts take more into account than what is on the dog law website, for example mental health of the owner, as snow helps me deal with some mental health issues quite a lot and if she was taken away from me i think i would struggle with them
Customer: replied 11 days ago.
that i own the home that snow was in when we got her together rather than moving her into a different house which might upset her
Customer: replied 11 days ago.
or is anything to do with why we broke up taken into account, whos fault it was etc. as snow was bought as a "family pet" and my ex "broke" that family up?
Customer: replied 11 days ago.
can you proof read something for me and make sure im not commiting any offences like blackmail or anything like that before i send it to my ex?
Expert:  NewExpertAS4920 replied 11 days ago.
Were you married?
Customer: replied 11 days ago.
no
Expert:  NewExpertAS4920 replied 11 days ago.
That court can take into account your mental health. It is unlikely the court will consider the reason for breakdown of your relationship.
Expert:  NewExpertAS4920 replied 11 days ago.
Unfortunately I cannot review document through this platform. But please feel free to run by a comment that you are concerned about
Customer: replied 11 days ago.
its not a document its just a text message i was going to send her before i start taking legal action
Customer: replied 11 days ago.
the part im worried about is "I am willing to go to court if you wont sign snow over to me, i dont want to do that as there is a chance they can make us sell her and split the money which would not be fair to snow. however i am willing to take that risk if you wont sign her over to me. and if i do win her at court then there is not a chance im going to let you see her after that"
Expert:  NewExpertAS4920 replied 11 days ago.
That should be fine.
Expert:  NewExpertAS4920 replied 11 days ago.
I hope I have been able to answer your query. I wish you all the luck. Best wishes
Customer: replied 11 days ago.
thanks
Expert:  NewExpertAS4920 replied 11 days ago.
My pleasure