Dog and Pet Dispute Solicitors Glasgow

Dog ownership dispute lawyers in Scotland

The law in Scotland treats a dog or other pet as property, in the same way as furniture or a car. That can feel at odds with how much a pet means to a family, but it shapes how disputes are decided. The key question is usually who owns the animal, not who loves it most or who would care for it best. Scots law also differs from the law elsewhere in the UK, so it is important to get advice from a Scottish solicitor.

We help people across Glasgow and Scotland with disputes over dogs, cats and other pets, most often when a couple separates or when a friend, relative or former partner keeps a pet and will not give it back. A solicitor or lawyer from our team can advise you on the evidence, the likely outcome and the costs before you decide what to do.

Who owns the dog?

When deciding ownership, the court looks at the facts and the paperwork. Useful evidence includes:

• who paid the breeder or rehoming charity for the puppy or dog, and whose name is on the receipt or adoption papers
• who is recorded as the keeper on the microchip database
• who is named on the pet insurance and the vet records
• who pays for food, grooming and other day to day costs
• whether the dog was bought before or during the relationship
• whether the dog was a gift, and who it was given to

Being the registered keeper on a microchip database does not automatically make you the legal owner, but it is strong supporting evidence. If you bought a dog together while living together as a family pet, it is likely to be jointly owned.

Unlike disputes about children, the court does not decide pet disputes on a welfare test. However, the Animal Health and Welfare (Scotland) Act 2006 places legal obligations on anyone responsible for an animal to meet its needs, and in practice animal welfare and who has cared for the pet often shape negotiations and any settlement.

Pets and separation

Our family law team deals with pets as part of the wider separation. For married couples and civil partners, a pet bought during the relationship can form part of the matrimonial or partnership property. For couples who lived together without marrying, the general rules of ownership apply. Agreeing arrangements for your pet in a separation agreement gives everyone certainty. Read more about cohabitation and divorce.

When someone will not give your pet back

If a friend, relative, former partner or dog sitter is keeping your pet and refuses to return it, you can take legal action for its return. In the sheriff court, this is known as an action for delivery. Where the value involved is £5,000 or less, the claim can usually be dealt with through simple procedure. The court can also award damages for any loss. Keeping someone else’s pet without their consent is a civil wrong, even where it is not a crime.

The Dog Theft (Scotland) Act 2026 will create a specific criminal offence of taking or keeping a dog from its owner. It received Royal Assent in February 2026, but the offence is not yet in force and will start on a date set by the Scottish Ministers. Importantly, the offence does not apply where the people involved lived together with the dog and then separated, so disputes between former partners will still be civil matters.

Disputes can also arise with rehoming charities, which often keep ownership or the right to take a dog back under the adoption contract. Selling or giving away a rehomed dog may be a breach of that contract. Problems also arise when someone finds a lost dog and refuses to return it. Read our guide to dog theft and pet disputes in Scotland.

How we resolve a pet dispute, step by step

Avoiding a pet dispute

The simplest way to avoid a dispute is to be clear about ownership from the start. Keep receipts and adoption papers, make sure the microchip details are correct, and if you buy a pet with a partner, agree in writing what would happen if you separated. Couples can include pets in a prenuptial agreement or cohabitation agreement.

Why choose Simplicity Legal for your pet dispute?

• We understand how much your pet means to you
• Practical advice that keeps costs in proportion
• Settlement first, with court as a last resort
• Plain English advice and clear costs
• Regulated by the Law Society of Scotland

Contact our dog and pet dispute solicitors in Glasgow

If you are in a dispute over a dog or other pet, early advice can help you protect your position and keep costs down. Call 0141 433 2626 or request a callback, and a member of our team will be in touch. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Find out about our wider dispute resolution services.

Your dog and pet dispute questions answered