we signed ownership papers, is she actually in my name? - Page 3
 
 

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we signed ownership papers, is she actually in my name?

This is a discussion on we signed ownership papers, is she actually in my name? within the Horse Law forums, part of the Horse Resources category
  • How do you provide ownership when giving a horse away?
  • Unexpected foal previous owner legal

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    11-02-2011, 02:54 PM
  #21
Weanling
Quote:
Originally Posted by Eileen    
There's away around those clauses. If you have a give away clause then sell and if you have a sell back clause give away. I had a horse with the sell clause and didn't want her to go back to her previous owner for good reason so I gave her to the people who wanted her andI knew she would be well taken care of.
that's always good to know. I mean, I definitely don't plan on giving her away/selling her anytime but you never know what can happen, so it is comforting to know that there are other ways around this.
     
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    11-02-2011, 03:02 PM
  #22
Weanling
I'll never understand why a persn who is giving away a horse would want it back, I would think they would want the new owner to find a good home for it. Oh yes if it is a sell clause and you want to sell to someone else use give away bill of sale and charge seperate for trainning.
     
    11-02-2011, 03:16 PM
  #23
Weanling
I don't get it either, but I am honestly really happy to have this mare either way. And I certainly wouldn't plan on giving her to somebody else or to the previous owner at any point, but you never know. All I know is I am happy to have her! =)
     
    11-02-2011, 03:28 PM
  #24
Weanling
I have had two given horses and wouldn't sell or give them away. My first we had until she died many year ago but we had her for many years and all my kids learned to ride on her. Our newest is a regestered paint and and even though she is leagly mine she is my 15 year old grandaughters first horse. I posted pictures of both of them on my horse page.
     
    11-04-2011, 02:38 PM
  #25
Weanling
Quote:
Originally Posted by Eileen    
I have had two given horses and wouldn't sell or give them away. My first we had until she died many year ago but we had her for many years and all my kids learned to ride on her. Our newest is a regestered paint and and even though she is leagly mine she is my 15 year old grandaughters first horse. I posted pictures of both of them on my horse page.
that is so sweet about the first pony, I would love that with mine =) It's just adorable when kids take after their parents and learn to ride as well.
     
    11-04-2011, 08:35 PM
  #26
Weanling
I agree it is nice. We adopted our granddaughter 2 years ago, and needed a lot of love and care. She has never been in trouble and is a good kid. She loves her horse and looks forward to going to a barn where the other boarders are girls her own age and being able to make friends. It has been very therapeutic for her and for her horse who has a back ground much like hers they are a great pair. Oh and our granddaughter loves it when we all can to ridding together.
     
    11-05-2011, 05:57 PM
  #27
Weanling
I'm glad she has something like that she enjoys, and even better you can do it as a family. I think that's what more families need! I remember being in high school and feeling so left out all the time, but then I'd go out to my pony and felt so incredibly happy. Just grooming her or going on a bareback trail ride made me the happiest person in the world, and that pony still makes me so happy. Hanging out in her stall is the nicest thing in the world to me. =)
     
    11-05-2011, 07:18 PM
  #28
THN
Foal
Just make sure to keep that bill of sale because the old owner may try to pull a fast one trying to claim her using the registration paperwork. As long as you have the bill of sale your set. It's hard to tell if the old owner is just forgetful, lazy or malicious. I would transfer her to your name just so that everything is up to date and the registry has your name. I would dot the "i"s and cross the "t"s just to have a little extra peace of mind.
     
    11-08-2011, 10:52 AM
  #29
Weanling
Not only keep the original bill of sale or transfer be sure to make copies of it that's the paper that proves ownership. Registration papers only prove lineage of the horse.
     
    11-08-2011, 11:06 AM
  #30
Showing
Quote:
Originally Posted by THN    
It's hard to tell if the old owner is just forgetful, lazy or malicious.
How about 'none of the above'?

As has already been stated numerous times, registration papers DO NOT denote ownership, and JC registration papers are basically useless unless the new owner plans to race the horse or breed for the racetrack.

The horse was untrained and just taking up space. I hardly think there's some nefarious plot afoot for the previous owner to try and reclaim the animal at some later point in time.

OP, you should also be aware that a first right of refusal/give back clause is unenforceable, so even if you decided at a later date you don't want the mare, you're under no legal obligation to give her back to her previous owner. Moral obligation now, that's another story.
     

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