Pets after split

[Retro35]

Hello,

My partner and I have split after only a few years of marriage. Without getting into detail we both agreed to the split and and talk when needed. I have moved out of our home which is up for sale and my ex currently lives in it until sold. After the sale we wont have any contact with each other.

We have agreed to split everything apart from our cat. We both want her. and neither of us are budging.

I did pay for the cat and have a bank statement showing this. Although I did buy as a gift for my wife !!

The chip is in my wifes name and she pays insurance etc..

My ex has sent information stating that as I bought the cat as a gift then its legally hers to keep.

We are in Scotland as I know the law here is different from English law.

Advice is appreciated. Thanks

[echat11]

Hi Retro35

Welcome to LB

If there isn't an 'amicable' solution, maybe share on a monthly basis. So you have the cat for 6 months each. I am so going to 'regret' posting this, in this 'tech' world, the cat can hold 'conference' calls.

[atticus]

If you bought the animal as a gift for your wife, it is your wife's property.

[PallasAthena]

Sharing alternative months doesn't sound very fair to the cat!

[Retro35]

If you bought the animal as a gift for your wife, it is your wife's property.

Thanks for that. I do admit that our cat was a gift although does that always automatically mean that she is legally my ex;s pet?

Sharing is not an option and as mentioned that would be unfair to the cat.

[R0b]

My understanding around pets in Scottish law is that pets are deemed to be assets. Therefore the court will look at the facts to ascertain ownership. This might include, who is the registered chip owner, how it was purchased and who by, whose name the insurance is under etc.

If you accept it was a gift then I am struggling to see how you can think that your ex is not the legal owner. You don't buy a birthday gift for a friend only to fall out with them and then demand the birthday gift back claiming they don't own it. A gift is what it says on the tin, that it is something given voluntarily and in kind without the expectation of payment or something else in return.

A gift cannot be something that is already owned by someone else, so yes, a gift will in the eyes of the law typically amount to the gift owner, relinquishing ownership to the receiver of the gift.

[astanabruce]

I think you have a reasonable Ex, its her Cat let it go, maybe she might let you see the cat in future for being understanding.

[atticus]

Thanks for that. I do admit that our cat was a gift although does that always automatically mean that she is legally my ex;s pet?

Yes. It does.

Can I suggest that you adopt a rescue greyhound? They are such loving pets.

[Retro35]

Thanks everyone for the advice. Yes I stand by the fact that she was a gift to my wife and will just need to accept that as im not one to go back on my word or fabricate stories. Thanks once again