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- - Forcing the sale of a horse vs First right of refusal (http://www.horseforum.com/horse-law/forcing-sale-horse-vs-first-right-104183/)
Forcing the sale of a horse vs First right of refusal
I hope someone can help with this dilemma. I own a horse with another woman (we each paid $3,000 in 2006) and have the papers to prove it. The horse has been eventing for a number of years - on a large scale in the USA. His value has gone up to over $30,000. Our relationship, however, has gone south and I want out of the "partnership". Although we are both registered owners of the horse we did not specify in any contract a first right of refusal clause. My question is: If I want to sell the horse (and she does not) can I force the sale if she can't buy me out? Any advice from a legal aspect would be appreciated.
Another part of this story is I also own a horse that my "partner" has boarded for about 8 years (I have paid pretty well all expenses for 5 years but ran into some financial trouble so she has "carried" the horse since. My grand daughter has trained on the horse and has competed as well. My partner has also used my horse to train other riders as well as leased him out for private use. I'd like to relocate this horse to our new property for my grand daughter to keep. However, my partner said that she won't let the horse go until I pay her for the last 3 years of boarding (she figures around $8,000+). I offered to let her have my half share in the other horse in exchange for what she says I owe her - which I thought would be a fair exchange.
She has refused and says the other horse has nothing to do with the money you owe.
Any suggestions or "horse law" you know of that might help me in this situation would be greatly appreciated.
Thanks for listening.
you evidently owe her for 3 years of board. she didnt want the other half of the horse which is inher rights. She doesnt have to take an offer of trade, So the two issues are separate. Not sure sure claim to "own" the second horse would hold up anways. After three years of not paying board I would say you abandoned the horse and really have no legal claim on the horse. The joint owner ship sounds like a mess. But I wouldnt expect you to be able to collect any money when and if the horse is sold
In Arizona, the bar association has a program where you pay them $35, and they recommend a lawyer with expertise in the area you have a question. The $35 fee includes a 30 minute consult with the lawyer.
For the sums of money you are discussing, I would strongly urge you to talk to a lawyer about the law. A lot depends on the paperwork & details of the law in your area.
I agree 100% with bsms. This is not a nickle and dime situation, you are talking a good deal of money and this is all convoluted. You really need professional help and not advice given on the internet from people who have no law degree in the state where you live.
If you owe me $8000, and you offer me something in trade, I dont need a law degree to tell you I dont have to take it. You need to pay me in currency.
The joint thing is a mess though and would need to be worked out in court. HOwever you may need to be careful what you ask for as you just might get it. Claiming a horse is worth $30,000 doesnt make it so if you cant find a buyer. So I see a scenerio where you go to court. The judge says, yep its a joint owned horse but nope, Owner B isnt under any obligation to buy you out or sell the horse.
And in the matter of horse B, either you are gonna owe 3 years board, or the horse will be considered abandoned, Oh and on your way out drop off the $2000 check to your lawyer. Looks like when it is all said and done about the only change in your life will be the bill for the lawyer. You will still have a joint horse you cant sell, and your other horse will be in the possession of this other person with a very legitimate hold on it. In the event the joint horse ever does get sold most likely any monies will be applied to your back board bill. Or you will end up back in court over it.
You probably ought to look at the big picture involved. Pay for a legal consult to see whats what, but washing your hands of this person may be the best thing all around. When parternships disolve generally things get screwed up, Hey I had to give my X wife $5000 she didnt deserve to get her to go away, I considered it a bargain !
When closing out my Mom's estate, she had about $12,000 in stock. She had the stock certificates to show it. But the company wouldn't honor the stock certificates because her estate didn't go thru probate (IAW Arizona law). Everything was set up legal in Arizona, but the Nevada company wouldn't honor it because the law read differently in Nevada.
I ended up paying a lawyer $700+ to write multiple letters to the company, and show their lawyers how things were being done in full accordance with the laws of Arizona. Once they understood that, we had a check in a week.
Why is there a difference between Nevada & Arizona? I don't know...but then, I'm not a lawyer.
When you are discussing thousands of dollars, maybe even $30,000, REAL legal advice is needed. It is way beyond, "What do you think?" on the Internet. And as of 2 years ago in Arizona, the bar association had a cheap ($35) way to get quick legal advice from a lawyer who specializes in that area of law. And that is why I ended up spending $700+. The lawyer I talked to said differences in state law were probably causing the problem. And he gave me set prices based on the work needed, and I decided it was my best hope.
You could sell your 50% interest in the1st horse and then pay her for the board. My bet is once you actively tried selling half of the 1 horse her attitude might change so she could own the it outright. She may not have the funds though to buy the half then maybe she would also like to sell her half for the cash and you could dissolve the 1st deal. I think you could force the sale especially if you are willing sell your half but could spend lot's of dollars doing it.
Forcing the sale of a horse...
Thank you all for your input. Just to clear up a fact about my horse: The horse has not been abandoned. My "partner" understood the situation and was okay with it. I have also been requesting an invoice for money owing for over 2 years and nothing has been provided. Also, my partner has used my horse to create income by leasing it out to a private rider and using her for riding lessons as well - including lessons for my grand daughter. I will get some legal advice and also look for a potential buyer for my share of the other horse. I will also pay the outstanding money owing, however, I really don't want to continue a partnership because, as I mentioned, our relationship has soured. Thanks again for your input.
I think Judge Judy should be contacted.
TV loves something like this!
I think I'd cut my losses, and just buy another horse. Right now, you don't have to spend a fortune to buy a good pleasure horse for your granddaughter to ride.
I'm of the opinion that joint ownership of real property isn't a good idea for most people.
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