CO-OWNERSHIPS...The Good, the Bad, and the Ugly

Differences between Canadian and American Co-Ownerships

In North America, both the Canadian Kennel Club and the American Kennel Club Registration Departments officially advise against dogs being co-owned. In spite of this, the Canadian Kennel Club will provide a triplicate document that is to be signed in addition to the transfer of papers by the breeder, to ensure that the new owner knows that the dog is co-owned. One copy is retained, one goes to the co-owner, and one is submitted to the CKC. If the dog was co-owned in the United States, and application is made for Canadian registration, this special document is not required. It is exclusively for use by dogs registered in Canada. In the United States, no special document is prepared, and there is a space on the blue puppy registration slips for two or more owners. If an adult dog's ownership is transferred, there is also a space for co-owner signatures. All owners must sign if a dog is sold or if puppies are sold. Otherwise, only one need sign.

In Canada, all co-owners must sign all documents and requests for replacing documents except for show entries, where one owner or agent may sign. In the United States, only one co-owner's signature is needed for most purposes, except for the registration of puppies, where all co-owners must sign the blue slips or the sale of a dog.

Why People Agree to Co-Ownerships

·       Ignorance can involve one in a co-ownership. One agrees to buy a dog, and when the papers come, the vendor has put themselves on as co-owner. Short of refusing the sale and returning the puppy or dog, nothing can be done.

·       Breeders may insist on a co-ownership for the dog's protection, to ensure that time payments are made, that other bargains are kept, such as access to the dog as stud, puppies back, options to lease a bitch, and control over showing and breeding. In these cases, the buyer knows up front that they must sign or not have the dog. It is their choice.

·       Spouses and significant others may insist on co-ownerships to control their partner and to benefit financially from any outlay on dogs from household assets. The one partner may have no choice but to agree, or be deprived of financial support.

·       Co-ownerships may be entered into as part of forming a consortium to show or campaign a dog. This would usually be done with an additional agreement as to the nature of financial contribution, handling, boarding etc. Not every co-owner might be expected to contribute equally, as one might have more money, one handling skills, one a kennel where puppies could be whelped, and so forth.

·       Co-ownerships may be done to assure publicity for both partners, especially in the case of a dog sold after it is named, to give the second owner advertising.

Good Co-Ownerships

·       For novices, a breeder co-owner can be a mentor, helping to train them in all the complexities of pure-bred dog activities. It can make people like family, and give an animal backing not only of a good home and owner, but all the advice based on years of experience gained by the breeder's kennel operation. For a beginner, there is someone to call in times of trouble and joy, and if one owner fails in terms of health, wealth, or accommodation for dogs, the other co-owner may be able to step in and help with the dog, either temporarily or permanently. Depending on circumstances, this may or may not involve one person signing off the dog.

·       Just as good fences make good neighbours, good co-ownerships are often supported by a separate treaty, outlining what each can expect of the other. One entered in by Rokaro simply offers to take the co-owned dog back to retire, freeing the other co-owner to use space and funds to continue on with younger dogs. Such an agreement does not need an ownership change. The issue of paying vets's bills needs to be specifically dealt with when setting up a co-ownership. What conditions should be treated and how, who is to pay, is there to be consultation, and so forth should be dealt with. It is important that the co-owners can reach each other quickly in an emergency, or that there is a save harmless clause if this cannot be done. If bloat is not to be treated, all should agree at the beginning. Emergencies can occur through accidents, misfortunes of whelping, and should be discussed. Better still, dogs that are valuable and frequently travel ought to be insured and have health insurance. This could save many a heartache, and even if a dog is gone for good, there will be money to pay bills and to go on with another dog.

Bad Co-Ownerships

·       If you are doubtful about selling a dog to someone, a co-ownership is not the way to deal with it. Are they very elderly, having major health problems such as cancer, financially challenged, going through a relationship change, young and likely to change locations, HIV positive, or whatever? Don't shoot yourself in the foot. Sell the dog to someone you are happy with, as you may end up dealing with relatives whose only concern is grabbing anything of value from the estate, including half-shares in a dog, or friends calling you to return the dog at short notice.

·       Are they likely to take your dog temporarily for some shows, or for breeding, or to nurse it for a health problem, and then refuse to return it? Did you sign a lease agreement, or a contract stating when the dog was to be returned? If not, you may never see your beloved dog again. Each co-owner has equal rights of possession, and possession is nine points of the law. Problems are severe with stud dogs, where only one signature is needed. It is, however, possible to block the misuse of a breeding bitch by refusing to sign puppy registration papers.

·       Have you worked out what happens if a co-owner spays or neuters a dog without consultation? That has happened to a number of breeders known to the writer. Having a bitch in heat is not too convenient, so your desire for having the co-owned bitch back for a breeding may mean nothing to a novice with doggy visitors camped on her lawn. If a bitch is essential to your breeding program, do not sell her, do not co-own her..keep her, breed her, and once you have your essential puppies on the ground and the best selected, then you could more safely enter into a co-ownership with someone else.

·       Co-ownerships are quite unnecessary for breeding ventures. There are lease forms in both countries that let you act as co-breeders, and write all the necessary terms while the bitch is still in the original owner's name. Read the article on Choosing a Breeder. Standard forms can be purchased from both registries.

The Ugly Ones

·       Divorces and relationship breakups happen to the best of us...and the dogs become a pawn to hurt the other person. A person well-known to us was deprived of every Borzoi she owned on threat of getting no money from the matrimonial home. Spouses or significant others can refuse to sign papers, and such situations would have to go to court. If the parties cannot agree, the courts can order your dogs sold and the money divided. One wife was threatened with personal injury if she returned to the matrimonial home, and the spouse threatened to have all the Borzoi euthenized at the local animal shelter. Access to the dog papers was forbidden, and serious trouble was caused for other people involved. Dogs have been stolen, and in one case, the dog destroyed while the wife was away for a weekend.

·       Avoiding such situations is hard, but one possibility is to agree at the beginning not to co-own dogs with a spouse or significant other. An account could be kept of money invested if it is an issue. Dog activities seldom cover costs, and for most are a hobby for one spouse, while the other may spend the equivalent on sports or travel. Record-keeping would at least form grounds for negotiation if a separation is inevitable.

In Conclusion

Co-ownerships do no more to protect your dog than any other kind of contract. They are worse if the co-owner dies, as you are then dealing with heirs who see the dog as an item of value, like furniture or jewelry. If you go the route of a separate treaty or contract, at least you can cover the most common problems that might arise, and decide in advance if it should direct that the survivor gets the dog and directs the executor to see that papers are signed off. A co-ownership as such does not determine whom the dog stays with, and who gets it if one owner dies. It does not prevent misuse of the dog by the person in possession, beyond foiling puppy sales if a bitch is wrongfully bred. It is not necessarily grounds for equal division of profits, losses, or expenses. All these side issues need to be covered by contracts.

Buyers beware! Inform anyone that tries to sell you a puppy or adult as to what terms you will accept or reject. Do any contracts BEFORE those papers go in. Remember, each country is different. In Canada, you cannot be tricked. However, if you sign the triplicate form and agree to co-own, the courts will assume you knew what you were doing. In the U.S., frequently sellers hand the blue slips to the new owner, and tell them to mail them in. At that point, you can refuse a co-ownership if it is sprung on you, and the breeder states to your face that no separate agreement will be prepared. Canadians can tricked by those Americans who give you the puppy and promise blue slips later. By that time you are attached to your new puppy and may let the situation slide.

Speaking from personal experience, all co-ownerships except three have been positive. Others may not have been so lucky. Perhaps the two registries are right...we should not co-own dogs. What do you think?

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