Who Gets the Dog? Understanding Pet Ownership Disputes in Alberta Separations
- Ozan S. Guzel
- Dec 9, 2025
- 2 min read
One of my earlier consultations in the legal profession was about how to share a pet in a divorce. For many couples, a pet is more than a possession — it’s a beloved family member. But when a relationship ends, the question of who keeps the pet can quickly become one of the most emotional issues in the separation. Unfortunately, Alberta law doesn’t always line up with how people feel about their animals.
Pets Are Still Property in Alberta
As of 2025, Alberta law continues to treat pets as personal property. That means that, in a separation, pets are viewed much like furniture, vehicles, or household belongings. There is no special statutory category for “companion animals,” and the courts do not apply the same type of “best interests” analysis that they use for children. This stands in contrast to developments in other provinces such as British Columbia.
How Alberta Courts Decide Who Gets the Pet
Because pets are treated as property, Alberta judges focus on ownership, not emotional attachment. When partners cannot agree on who will keep the animal, the court looks at evidence such as:
Who purchased or adopted the pet
Whose name appears on adoption records, municipal licensing, or veterinary files
Who paid for routine and emergency veterinary costs
Who exercised primary day-to-day care
Whether one person intended the pet to be a gift to the other
In some cases, if the pet was acquired during the relationship and both partners contributed, the animal may be treated as jointly owned property. In those situations, the court may award the pet to one party and require them to compensate the other.
Unlike the B.C. approach, Alberta courts do not make ongoing “custody” or “visitation” orders for pets. While parties can voluntarily agree to share time with a pet, the courts themselves seldom impose such arrangements.
Protecting Your Pet Before Problems Arise
Because Alberta still follows a property-based analysis, documentation matters. In many disputes, the partner with clearer records — adoption contracts, vet receipts, licensing renewals — has a stronger claim.
The best way to avoid conflict is through planning. Couples can:
Put both names on adoption or licensing records
Keep receipts and veterinary documentation
Sign a cohabitation agreement or separation agreement that clearly states who will keep the pet
Outline shared-care arrangements in writing if both partners agree
At Stokes Law, we’re ready to help you keep your fur friends.
We understand how important animals are to your family and your peace of mind, and we approach these cases with both legal precision and compassion. If you’re dealing with a pet-related dispute or want to ensure a clear plan for the future, we’re here to help you find the best path forward — for you and for your furry companion.
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