This is not so uncommon, indeed there are plaques in many kitchens testifying such. Who gets the dog can become an insolvable problem. When separation looms the custody battle over the dog can cause huge problems.
A dog is a chattel, a possession, a good, a thing you buy, the same as a car or a pair of shoes.
SO WHO'S IS IT?
- Who bought it?
- Who for?
- What with?
Possession is 9/10ths of the law, but not 100%. If you can't evidence that the dog was bought by you, or was an outright gift to you, then you may have to part with it.
WHAT IF IT'S A GENUINE MATRIMONIAL ASSET?
Some judges, in unreported cases, have contrived to introduce a system of Residence and Contact. In a similar way to the Court's approach to children. The dog lives with one ex partner and the other has visitation rights, but this is unusual.
If you can't work out who the dog belongs to you have 3 choices:
- Negotiate. After all some people pay £1000's of pounds for medical treatment for their dog. What is your dog really worth to you?
- Settle. Let him/her have it.
- Stay together for another 15 years of misery, maximum, the dog may die sooner than that!