Loan contracts

[Bosworth]

My partner and I are splitting up, thats heartbreaking enough in itself as I never saw it coming. He has had a brain storm, mid life crisis or whatever but he has made the decision. 5 years ago I informally gave him my horse, I had had him from a 3 year old, backed him and then I competed him BSJA and BE. I got another for me, as my other was so suitable for him. they got on well, my partner learned to ride on him, hunt, jump, event unaffiliated etc. He is still very much a novice with horses as in has no idea on feed, rugs, worming etc as I have always been around to do that. he has said he wants the to keep the horse, I am upset as I have had him for 10 years, and never expected to lose him. I would like to give him to an experienced friend of mine on permanent loan as I know he would have a fantastic life there. However my partner is using emotional blackmail on me, losing Mac will break his heart, it will be like losing a child (obviously not thinking about this from my side as well, as I have had him longer), I am still inclined to keep him, but if I do let him have him it has to be with a water tight loan agreement. So watertight he cannot change his saddle, his yard, his farrier, his worming, his vet etc without me knowing. I have to be sure this horse is being looked after. Also within that I want to restrict what he can do, with him, ie no sharer, no loans, never to be sold, me to know as soon as he is ill. i know that sounds extremely controlling, but my Partner has never looked after a horse on his own and I need to be sure that Mac never suffers. Financially I cannot afford to keep him myself.

 

[Jazzy B]

Firstly, really sorry what a tough and horrid time for you - I would find a solicitors that specialise in equine law it may cost you but at least you would end up with a water tight agreement with proper mechanisms in it that would allow for you to remove Mac should any of your requirements not be met. The BHS loan agreement is okay, but really in these kind of personal circumstances I don't think it would be suitable.

 

[Gracie21]

Firstly, *HUGS*, what a terrible time for you.

I agree with the above, a lawyer who specialises in equine law is the way to go. I'd get a draft done, or at least a list of all the things that you want to be controlled, then ask the lawyer to draw up an agreement. Also make sure you have proof that he belongs to you (passport), then flag the passport as 'on loan' so ownership can't be changed (harsh, but it protects you!)

I hope it all gets sorted civilly *hugs*

 

[Bosworth]

Thank you miss bean, i was hoping someone may have some similar issues, I really cannot afford a solicitor at the moment. We have lived together for 7 years, house is a 30acre place with stables, all that is to be sold so i have to buy somewhere, but my financial circumstances will be bad. So solicitors fees are a little bit of a problem. actually I could force him to pay for solicitors fees if he is insistant on keeping Mac, that may be a solution. I get the loan agreement written up to my specificaiton and he has to pay solicitor. If he is serious about keeping mac that should work. He also will be very flush with cash so financially he should not have a problem with it.

 

[CatStew]

Does your insurance company offer any legal advice at all?

Or if you're a BHS gold member, you get free legal advice. It's £60 (I think) so might be cheaper then seeking advice from a solicitor.

Best wishes though, it really must be a horrible heart breaking situation to be in.

 

[jhoward]

Tozers in exeter used to have an equine department, I found them very good and not out to grab the money, i had a mare come back with a tendon injury, and they looked at my agreement, emails between myself and loaner and then gave me free advice, with the offer of a formal letter going out (£110)

well worth giving them a call.

 

[Bosworth]

Thank you, i will give Tozers a call. no way is anything happening to Mac if I can do anything in my power to stop it

 

[CBAnglo]

Sorry to hear this. I will pm you.

 

[Bosworth]

Thank you CBAnglo

 

[Boxers]

First of all, I am very sorry for your situation. it must be hard sorting it all out, coming to terms with it etc especially as you did not know it would happen.

As to your horse, well I would take him back if I were you. I feel that if you loan him to your ex you are going to have sleepless nights worrying about him (the horse), his care, might your ex try to pull a fast one somehow, etc.

If you are selling your home and land, presumably your horse is going to go on livery? I would just move the two horses to livery and then sort out a loan with your friend.

also, that means you can make a clean break with your ex and get on with your new life. I am assuming there are no children involved? you have not mentioned any, in which case, once the house is sold and the money divvied up, you can get on with your life and not have to have any contact with him if you do not want to do so.

just my two Penneth.

Good luck with whatever you decide to do.