Divorce and horses

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Paard

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Hi, I'm hoping someone can help me with a (potentially daft!) question!

My husband and I separated just before Christmas. I haven't looked into divorce and practicalities yet but will do so and seek legal advice later in the year (just trying to get my day to day life in some sort of order for now!)

Anyway, following on from a conversation with a girl in work today, how would horses and divorce work? I own my horse (paid for by me too!)
Would my husband have any claim on him?
Bit worried now as I couldn't bear to lose him!

Thank you for your help.
 
hmmmmm would depend on how reasonable you were both feeling. Heard of some messy divorces with dogs etc and they arent worth as much as a horse :(

If it were me passport would be getting changed into parents name as owners ASAP. For the sake of the 12 quid or so would give you peace of mind.
 
Ive heard in the past the value of the horse is taken in to consideration.

Be it you get less but get to keep horse or horse is sold so both parties have a share.
Or if husband bought horse ffor wife they take them then sell them on.

In my world though no matter what either person has done we still shouldnt be spitefull.
You obvioisly love the horse other half isnt interested in them so he should let you keep it.
It shouldnt factor in to a divorce settlement.

But my world is in my head and i know real life doesnt always go that way. :-(
 
'Sell' horse to a friend or preferably family member for £1 (nominal fee makes it legal) then buy him back post divorce.
 
Hmm. When does a pet become an asset? Or vice versa? Is it purely down to monetary value of said animal? This may hinge on how much your horse is worth on the open market today(as opposed to how much he's worth to you-obviously,priceless:-/) and whether he was always a pet before the split,or was bought as a project,for example? Think I'd keep quiet with the (to be)ex on the horse subject and ask your solicitor when you see one,what the case-law says.
If you are not currently on reasonable-ish good terms with your (to be)ex,I'd seek your divorce advice sooner rather than later(tho I appreciate day-to-day arrangements can be more pressing.) Good luck OP-hope it all stays as amicable as poss and you keep your neddy:).
 
Don't try selling/transferring the horse. It is a very transparent effort to reduce your husband's entitlement, and would be looked on unfavourably by the judge in the situation. The nominal fee would make a "sale" legal, but you would still have to account for disposing of assets at an undervalue and would be likely to have the reduction in value of the asset pool taken from your share.

The horse will most likely be an asset of the marriage, like all other assets (cars, home etc.) However you are not obliged to liquidate all assets to divy up, instead you would normally attribute a fair value to each item and agree how they will be divided. Unless your horse's value comprises a significant portion of your combined assets it is unlikely that you will be forced to sell him. If your husband trys to make his own claim for getting the horse in his share he would be very unlikely to succeed if you bought it and are the primary user/caregiver. The majority of divorces have a settlement agreed out of court by the parties directly or in mediation with lawyers before a judge ever gets involved.
 
^^^this. Either a divorcee or a divorce or company lawyer,gnubee?! OP,unless your horse is Kauto Star or something,I don't think you need to worry about losing him either:) .
 
I am going through similar and they are treated as an asset with a value attached in regards to a financial settlement regardless who paid.Difficulty is when OH wants the horse rather than value - that's when it gets messy regarding ownwership.
 
If and only if...your hubby decides he wants half the horses value...then he must also pay half the horses upkeep/food etc.

That usually puts them off!!!

Good luck in the future.
 
My daughter has just valued someones horses for a divorce. All of them were out of work through injury or retirement and worth very little and on the open market would just go for meat money as no one would buy them. It is very sad
 
If you can,get a very low value done. Am sure your ex won't want the horse,but he may try to be awkward especially as the horse is loved far more than him!
On a different note,when my mother in law passed away,her horses were also valued as part of her estate. So,it apears they are considered assets whatever the situation.
 
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i did my divorce 3 yrs ago, my pony didnt come into it.. solicitor new i had him.. make sure you get a consent order after your divorce, stops either of you claiming from each other in the future..
 
Gnubee is correct, get legal advice ASAP. I can recommend a horsey one by PM if you want.

Incidentally if your horse is not of high value you can probably argue it is a liability rather than an asset as you have to pay upkeep which exceeds the value.
 
do not transfer your horse to a third party (this could potentially put your husband's back up and see this as an angle for dispute), if you brought the horse with your own personal money, I dare say your husband would even try and have a hold over it (especially with the day to day running costs of it).

I know your trying to sort the day to day running of your life, but I would try and find yourself a good divorce lawyer as quickly as possible and get this sorted. As long as your divorced, you are still liable for his debts etc and vice versa!
 
My OH went through this when he got divorced. He paid for the horse out of his money, and she couldn't ride it, whenever she tried tears ensued, as she simply didn't get on with her, she couldn't even lunge her, yet he had to buy her back in the divorce and it cost him a fortune.
However, he is a serious softy, and just got fleeced in his divorce. You shouldn't have to pay more than market value for her, and as nothing is selling, just get a very low valuation.
 
gnubee said:
Don't try selling/transferring the horse. It is a very transparent effort to reduce your husband's entitlement, and would be looked on unfavourably by the judge in the situation. The nominal fee would make a "sale" legal, but you would still have to account for disposing of assets at an undervalue and would be likely to have the reduction in value of the asset pool taken from your share.

The horse will most likely be an asset of the marriage, like all other assets (cars, home etc.) However you are not obliged to liquidate all assets to divy up, instead you would normally attribute a fair value to each item and agree how they will be divided. Unless your horse's value comprises a significant portion of your combined assets it is unlikely that you will be forced to sell him. If your husband trys to make his own claim for getting the horse in his share he would be very unlikely to succeed if you bought it and are the primary user/caregiver. The majority of divorces have a settlement agreed out of court by the parties directly or in mediation with lawyers before a judge ever gets involved.
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this, very good advice
 
zaminda said:
My OH went through this when he got divorced. He paid for the horse out of his money, and she couldn't ride it, whenever she tried tears ensued, as she simply didn't get on with her, she couldn't even lunge her, yet he had to buy her back in the divorce and it cost him a fortune.
However, he is a serious softy, and just got fleeced in his divorce. You shouldn't have to pay more than market value for her, and as nothing is selling, just get a very low valuation.
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Still, while he may have been fleeced, you know you have ended up with an obviously kind and caring man. That is worth an awful lot more than the annoyance of an ex taking advantage!
 
I think you need to speak to a solicitor OP about how your assets will be split up (although I don't think your husband would have a claim on the horse).
 
If messy I'd get a vet in to give write up on health etc and then find similar horses market values. I'd then forsake the equivalent in something else. Or barter with something he wants - a car etc clean agreement to have that in lieu of horse.

Or get market values and sell to family (with court agreement) for the monetary amount.

If not messy sit down with a solicitor And get a fair agreement on paper.
 
Daviedevs... Why on earth would he have to pay upkeep? He'll have been doing that as have been married and after he won't want half ownership, just half monetary value.
 
A horse is an asset. However, rather than focusing too much on the horse I'd suggest looking at the bigger picture.

Speaking from experience, if you possibly can sit down with your ex and agree between you what you both think is fair. if you can do this then you can each go to your own solicitor with a piece of paper setting out what you have agreed between the two of you and ask them to help you achieve this.

It will save a huge amount in legal fees and heartache. Most the legal fees are eaten up with the backwards and forwardsing about who gets what, but if you're both relatively reasonable people then you can work this out yourselves. I've seen people run up literally thousands of pounds worth of legal fees on points of principle over items costing more like £100.
 
Sorry to hear about your troubles but i 2nd getting sorted without the input of solicitoirs, and going to them and saying this is what we want.... they will still try and stir it up, but do not let them - they are just taking money off you.

Also - if you have both "split" and no one else is involved, please get things sorted out now, as soon as a third pary is involved all hell lets loose - honest i know and we were only living together !
 
Just cos they were married doesn't mean he was paying upkeep for the horse. My OH and I have separate bank accounts. My wages pay for my horses. None of his money contributes. This situation may have been the same.
 
Copperpot said:
Just cos they were married doesn't mean he was paying upkeep for the horse. My OH and I have separate bank accounts. My wages pay for my horses. None of his money contributes. This situation may have been the same.
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When you are married legally and then split up all assets and debits are tallied, then the discussion starts about how they are going to be split - whatever your day to day financial arrangements. There are exceptions to this usually in the case of very short marriages and increasingly pre nups.

Horses can be either an asset or in my case a large debit against marital wealth depending on their age, soundness and (lack of :D) ability but to my surprise at the time they are not usually considered a personal possession...
 
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