Ask a Scots Law Question, Get an Answer ASAP!
Thank you for your question. A dog is treated as a piece of property in the eyes of the law, brutal as that may seem to an animal lover. Where a dog, or any property, is owned jointly, both parties have a right to it and the court will uphold any valid contract entered into in respect of it. However, if the parties fall out over property the court can only order the sale of that property and the division of the proceeds between the parties. It is unlikely to do that in respect of a pet dog. So the answer to your question is that you either agree some kind of arrangement between yourselves or you don't. The court won't get involved in a "custody" issue over a dog as there is no such thing as a matter of law. Unsatisfactory I know but that is how it is. If you can't agree, the court would do anything to change the status quo.