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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12536
Experience:  30 years as a practising solicitor.
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Shared custody of a dog that we co own Assistant: Thank you.

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shared custody of a dog that we co own
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Customer: we bought the dog between us over 4 years ago and when we split up then the dog stayed in her house and now she is moeving away I still want to be able to spend time with the dog and also have assurance that she is loking after hi properly we both ive in scotland
Customer: replied 1 year ago.
I have tried drawing up an agreement that we can both sign and I also want my name on the vets that she will be using so that in the vent that anything happens to the dog I can be contacted. She had the police round at my house on Saturday evening and was accusing me of bullying intimidation and trying to control her that was after I had handed her the written agreement. She also accused me of keeping the dog from her . I walk the dog everyday and called past her house and she wasn't home so I sent her a text and said let me know when you are home and I will put the dog back to your house. that's when it all went pear shaped so to speak. I have been trying for a while now to get her to agree to something about the long term future and she constantly avoids it and gets all emotional about it and generally makes a scene in her house but this has escalated out of all proportion and I need to get answers as to what I can and cannot do. The police did say it was basically a civil matter
Customer: replied 1 year ago.
I have attached the two file with an agreement the V2 is the latest one as the first one was quite direct

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.

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Customer: replied 1 year ago.
That is what I feared. What would happen if I was to just keep the dog after I have walked it? I know that normally it has stayed at her house would I be breaking the law? The sale receipt has only my name on it does that make a difference?