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Needing some advice or just someone to talk to?

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        06-18-2013, 11:16 PM
      #1
    Foal
    Needing some advice or just someone to talk to?

    Please bear with me this could get lengthy...

    About two years ago a member of my family divorced her husband. Her kids chose to stay with their dad and cut off communication with her. She left all her horse with her daughter who rode until she realized they weren't being taken care of. Then she picked them up and they came to live with me, since she had no place to keep them. Her husband got the only horse their daughter technically owned in the divorce. I was left caring for four horses at said family member expense. I took up riding and formed a bond with an old barrel racing gelding. She eventually said I could have him.

    For the past year and a half he has been mine, I pay for all his expenses and she has since taken her horses with her. He is receiving better care than he ever has and looks amazing for a 22 year old. We still compete in barrel races and he still runs in the 3D. This horse is my world. Every dime I have goes to making him comfortable and healthy. He's finally on the proper feed, worming schedule, and is getting his feet trimmed regularly and correctly. I couldn't stand to see him go anywhere but with me.

    Last week my mom and this family member had a falling out and she's claiming she never gave me the horse that it was her daughters horse and she never said I could have him. Which is a lie. Now she's claiming she's going to come pick him up. She hasn't yet but threatened it.

    I have been stressed to the max ever since. My mom insists we will buy a horse and I've found a few I like. But I want my old man, my baby. I don't know exactly what my right to the horse is? I have been looking at horses but I can't afford two and I don't know if I should keep a horse that could possibly be taken from me or buy one of my own spend my money on it and give the horse I have now back, even tho I think he's rightfully mine.

    Please help? I'm heartbroken and so confused. I have no one who understands or can offer any advice
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        06-18-2013, 11:27 PM
      #2
    Started
    Do you have vet records under your name?
         
        06-18-2013, 11:29 PM
      #3
    Foal
    His coggins papers are in my name and I have an account for him under my name at the vet he goes to for vaccines. She has his registration papers, although they aren't in her name. She never got them transferred from the previous owner to her.
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    farmpony84 likes this.
         
        06-18-2013, 11:50 PM
      #4
    Yearling
    Things with family members can get really sticky and I am not versed in the legality of the situation in your state but I would start by putting together a bill for every expense this horse has incurred in the past year and 1/2. You are talking over $5K and she probably doesn't have the $$. Look into the agister's lien laws if it comes to it than the horse can not be removed from the place until the bill has been satisfied. She'll probably back down and you are just caught in the cross hairs of the riff between her and your mom. You can also take the high road and be the adult here and set up an appointment to talk with her about the situation. No matter how you work things out, there must be some legal separation and change of ownership. Yes, your mom is your mom but don't get sucked into their fight. Things will blow over.
         
        06-19-2013, 08:55 AM
      #5
    Started
    Before sitting her down, I would talk to a lawyer and see what they suggest. Make sure you have something to stand on when she puts up a fuss about her owning the horse, not you. Even if the lawyer ends up saying she owns the horse, you may be able to at least threaten to be compensated for all the time and money you have in the horse. But talk to a lawyer, know what you can and can not do in this situation before talking to her. If anything, you'll be better mentally prepared for whatever the outcome is. Good luck, keep us updated!
    Speed Racer and dbarabians like this.
         
        06-19-2013, 09:15 AM
      #6
    Green Broke
    Pad lock your pasture gates. Put up no trespassing signs on your property, the pasture and the barn. Put up a gate on your driveway if possible, with a lock.
    Possesion goes a long way in the law, keep your horse safe.
    dbarabians likes this.
         
        06-19-2013, 12:35 PM
      #7
    Foal
    Every gate into his pasture has a lock on it. I have gotten a little bit of legal advice on the issue and so far from what I've been told possession is the

    I should have included some more details. Over the past few months he daughter has came back into her life and she's said things like "If you don't the horse to college I'll find him a new home" and "If anyone asks I help pay for his expenses". Her daughter resents the fact that I now have a horse she never cared for anyways. I found a place to keep him while I'm in college and she hasn't given me a dime for his care.

    On the afternoon of the blow out, which has been coming to a head for awhile, she TOLD me she may come pick the horse up to use at a rodeo. I told her that was fine and she could use him. After all it's because of her I have him. But it irked me that she didn't ask she told me and I had this feeling that if she came and got him she wouldn't bring him back. I'm too soft spoken and didn't want to cause a riff so I didn't say anything about it bothering me. When I talked to my mom about it she brought it up to said family member. And things blew up from there. This family member got in my face and said it shouldn't matter if she used him. Which wasn't the issue, the issue was she didn't ask if I had a barrel race or even if she could take him. Anyways a lot of words were exchanged along with her yelling and saying she never said the horse was mine and that she was coming to take him. I got yelled at and called a liar it was mess and I left there emotionally drained and bawling my eyes out. I was mad at my mom for opening her mouth and at the situation in general. Who wouldn't be? But then I started questioning if I was in the wrong for expecting her to ask. I dunno but it's a mess. My mom did tell her that if she came to get the horse that she would teem reimburse me for every penny I've put into him.

    Anyways thanks for information y'all! It's greatly appreciated. I will continue to keep y'all updated, hopefully nothing comes of it.
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        06-19-2013, 12:48 PM
      #8
    Green Broke
    I would not let the child use the horse and certainly not let her remove it from your property with out a certified receipt and/or proof of ownership from said family member.
    You will be giving away your one Ace in the hole, POSSESSION!
         
        06-19-2013, 12:53 PM
      #9
    Trained
    Boomer in the State of Texas she cannot enter your property without permission. If she does she is trespassing. Put up no trespassing signs and once she sets foot on your property call the local law enforcement.
    You own that horse. You have cared for it for a year and a half. If she insist on claiming the horse then promptly hand her a bill for 350$ a month plus vet costs and farreir. She owes you that. Bet she turns tail and leaves then. Shalom
         
        06-19-2013, 12:58 PM
      #10
    Foal
    She definitely will not be taking him anywhere now!

    I do have vet receipts and a few feed receipts. The guy who shoes my horse is a friend and although I don't get receipts for that he know who pays him and wouldn't mind stating it. I also have several people who will say that he is better taken care of now than before I had him, not that that matters but it's something I'm proud of.

    The only problem with the no trespassing is that I live on another family members property and they're family too, they won't want to get in the middle of it but did allow me to put locks on every gate into his pasture.
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