The Horse Forum (http://www.horseforum.com/forumindex.php)
- Horse Law (/horse-law/)
- - Need help with a contract... not sure what type of contract it would fall under thoug (http://www.horseforum.com/horse-law/need-help-contract-not-sure-what-113042/)
Need help with a contract... not sure what type of contract it would fall under thoug
My boyfriend of 5 years just up and left me in the middle of my university degree (wont get into details). My horse has been staying at his familys barn under the care of him and myself. I can not afford to board her in a facility so he said that he will assume full cost of health care and taking care of her until I move her out of the barn. I would like to have a legal contract stating this information, signed by witnesses, so that he can not take her from me or anything else that will cripple me through out my schooling. Is there any templates that anyone knows about or any information or suggestions that someone can give me in this situation?
If I was you I would type the agreement out and have him and yourself sign and date it.
Also, getting an unbiased 3rd party to whiteness and sign and date it themselves is also a good idea.
Talk with your local law enforcement about it I also recommend. Heck, an officer could even be your whiteness.
It does not have to he anything fancy, just be sure to include all the details on what has been agreed.
Your welcome :)
Basic Rules of Contracts
A lot of people here ask about contracts. I am currently studying to be a legal clerk... I'm not an expert, but if you're going to make a contract without the advice of a lawyer anyway you might as well listen to what I have to say, lol.
1. Your contract doesn't have to be fancy. Being clear is more import.
2. Sign and date it at the end, never at the top.
3. You can make changes by hand, but have everyone initial them.
4. If there is another document that explains further details about the agreement, you must refer to it in the contract.
5. If you don't fill up a whole page, draw a line diagonally through the blank space.
6. Number the pages with the current and total number of pages.
7. You might want to include a definition section to explain exactly what certain terms mean (i.e. does "written notice" include email?)
8. Don't contract with a minor (should be obvious).
9. Verbal contracts are legal - the only problem is proving what was said.
as soon as you hit him up with a contract like that, I suspect he's gonna tell you to come get your horse.
He's offering free care. Id say thanks and leave it at that.
If I was in his shoes and you came to me with a contract and asked me to sign it stating I was legally obligated to to give you free care, I'd tell you to pack sand. Come get your horse and you owe me FMV for each day the horse is here.
If someone came to me with this attitude I'd drag the horse out, hand him the lead rope, and kick both off my property ASAP. That's some nerve.
Here's a novel idea: sell the horse until you can afford to keep it yourself.
Another thing you mentioned that made me curious is that you want a contract to make sure "he doesn't take her away from me".
Well, who really has legal ownership of this horse? If it is you, can you prove it? If he has no ownership interest and you can prove yours, him getting rid of the horse without your consent would be theft. No contract needed. Call the cops and let them deal with it.
However, if he is a part owner, you're going to have to buy him out of his share/interest in the horse if you want to be the only one who has a say about what happens to the horse. And even in that case, if he wants the horse out of his property and care there is nothing you can do about it.
All you have to do is talk to him about it first.
Go over what it should say together and include something about if he wants the horse gone at anytime he has to give your a heads up.....that way he wont feel stuck.
I'm still wondering about the ownership situation with the horse.
Is the ex a part owner or not? That will go a long way towards answering whether or not him can legally "take her from me" to use the OP's words.
|All times are GMT -4. The time now is 03:50 AM.|
Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
User Alert System provided by Advanced User Tagging (Pro) - vBulletin Mods & Addons Copyright © 2016 DragonByte Technologies Ltd.