Who Gets the Dog? A New North Carolina Case on Pets and Breakups
A fight over a Great Dane named Roxy went from small claims court to the North Carolina Court of Appeals. The decision shows how courts in this state decide who keeps a pet, and what evidence matters.
What Happened in Moore v. Volastro
The couple in this case were not married. They began dating in 2020 and moved in together in 2021. In December 2023 they picked out a Great Dane puppy from a breeder. The boyfriend paid a $500 deposit and the remaining $500 when they brought her home in January 2024. The bill of sale named him as the buyer and listed his girlfriend’s email and phone number as the contact information.
On Christmas Day, before they picked the puppy up, the girlfriend posted on Facebook introducing the dog and thanking him.
The relationship ended within months. In August 2024 the girlfriend obtained a domestic violence protective order, which gave her the care, custody and control of the dog. The boyfriend then filed a small claims case to get back several items, including an engagement ring, Christmas decorations, kitchen items and the dog, which he valued at $1,000. She agreed to return everything except Roxy.
The magistrate gave him everything but the dog. He appealed to district court, which found the dog was a gift to the girlfriend. He appealed again. On September 16, 2026, the Court of Appeals affirmed.
When Is a Pet a Gift?
A gift between living people requires two things: the giver intends to give up all right to and control of the property, and the property is delivered. The person claiming the gift has to prove both. The giver does not have to announce the gift in so many words. Intent can be inferred from the circumstances.
The boyfriend argued that he never gave up control. He was the buyer on the bill of sale, the dog lived in his home, and he bought food, took her to the dog park and paid for obedience classes.
The Court of Appeals was not persuaded. When two people live together, it said, one of them cannot completely hand over a dog to the other, and it stands to reason that both will spend time with the animal and help care for it. Relying on a 1910 North Carolina Supreme Court case about a husband who gave his wife a horse, the court held that his continued use and enjoyment of the dog did not undo the gift.
Evidence that supported the gift
- She testified he told her several times the dog was her Christmas present
- Her Christmas Day Facebook post thanking him
- Witnesses from the dog park who heard the dog described as her Christmas gift
- She took the dog to the vet and kept up vaccinations
- The AKC registration, county registration, microchip and pet insurance were in her name
- She bought the food, crate and toys
Evidence that was not enough
- He paid the full purchase price
- The bill of sale listed him as the buyer
- The dog lived in his residence
- He bought food and took her to the dog park
- He paid for and attended obedience classes
- His witnesses said he called her the family dog
The trial judge heard both sides and believed her evidence. An appeals court does not reweigh evidence, so the ruling stood.
The case is also a lesson in cost. A dog valued at $1,000 went before a magistrate, a district court judge and three appellate judges over more than a year and a half.
How Pets Are Handled in a Divorce
Roxy’s owners were not married, so their dispute was decided under ordinary property law. Married couples are covered by North Carolina’s equitable distribution rules, and the analysis is different.
- A pet acquired during the marriage is generally marital property, no matter who paid or whose name is on the adoption papers.
- A gift from one spouse to the other during the marriage is usually still marital property. The result in Roxy’s case would not necessarily be the same for a married couple.
- A pet one spouse owned before the wedding is generally that spouse’s separate property.
- The court awards the pet to one spouse. Judges do not usually order a shared schedule for a pet over one spouse’s objection.
Because a pet is legally property, the court is not required to consider the bond between the animal and each spouse, or which home would be better for the animal. In practice, evidence of who has cared for the pet still tends to matter when a judge decides who should receive it.
How to Protect Your Claim to a Pet
Most couples would prefer to decide this themselves. You can:
- Put it in writing. A prenuptial or postnuptial agreement can say who keeps a pet. A separation agreement can do the same and can include a schedule for sharing time and a plan for vet bills.
- Keep the paperwork consistent. Purchase or adoption records, microchip registration, licenses, vet records and pet insurance all showed up as evidence in this case.
- Be clear about gifts. If you are buying a pet for your partner, or you are not, say so in a text or email at the time.
- If you are not married, a written cohabitation agreement is the only protection you have. Unmarried partners have none of the property rights that spouses do. See does North Carolina have common-law marriage.
If there has been domestic violence, a protective order can award one person the care, custody and control of a pet, as it did here.
Common Questions About Pets and Divorce
Can a North Carolina judge order shared custody or visitation of a pet?
Not the way a judge does for children. North Carolina law treats a pet as personal property, so the court decides who owns it. Couples can agree to share time with a pet in a written agreement, and that agreement can be enforced as a contract.
Does it matter who paid for the dog?
It matters, but it does not decide the question. In Moore v. Volastro, the man paid the full purchase price and was the buyer on the bill of sale, and the court still found the dog belonged to his girlfriend because the evidence showed he gave it to her. For married couples, a pet bought during the marriage is generally marital property no matter who paid.
What if I had my pet before we got married?
A pet you owned before the marriage is generally your separate property and is not divided in the divorce. Keep adoption or purchase records, vet records and registrations that show the date and your name.
Can a domestic violence protective order cover a pet?
Yes. A North Carolina protective order can give one person the care, custody and control of a pet. That happened in Moore v. Volastro before the ownership case was ever filed.
Worried About Losing a Pet in a Breakup?
Our attorneys handle property division, separation agreements and protective orders in Charlotte, Raleigh, and Gastonia. Call our intake team to find out whether we can help and to schedule a consultation with an attorney.
Managing Partner and Co-Founder, McIlveen Family Law Firm. Angela is a Board Certified Specialist in Family Law, certified by the North Carolina State Bar Board of Legal Specialization, and an experienced family law trial attorney who represents clients across North Carolina. She personally reviewed this page for legal accuracy.
