• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.



Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

Divorce and horses

  • Filter
  • Time
  • Show
Clear All
new posts

  • Divorce and horses

    How does the division of the horses usually work in a divorce where the horses were owned by the wife but bought during the marriage?
    Husband knows nothing about horses. But is trying to take them out of spite .

    Any knowledge on the matter would be helpful.
    Have retained attny but I'm curious about others that have been in this issue.

  • #2
    It would really vary by the state they are in. In some states they are still considered community property. Google "equine attorney divorce" and the state they are in and you will get to see a lot of articles and some citations that will help.
    "The sea was angry that day, my friends - like an old man trying to send back soup in a deli"


    • #3
      I think part of this will largely depend on your state, use of mutal funds etc.

      Here in CA - what you own BEFORE a marriage is usually "yours" - but, communal funds muck it up.

      Lets say that YOU owned a house. Then get married - it would be an asset before the marrige, and thus, your horse. BUT, lets say you had a joint account durning your time together, and some of his funds were used on mortgage payments, or tax payments for the house. Well, then things are not so cut and dry. He might be entitled then to a portion of the house proceeds, as he contributed to its value.

      Talk to your attorney. You owned the horses before hand, did you pay for them solely after, or were community funds used for their upkeep?
      APPSOLUTE CHOCKLATE - Photo by Kathy Colman


      • #4
        Consult your lawyer. I sold mine to my parents. Should have kept just the horses to begin with good luck.
        Come to the dark side, we have cookies


        • #5
          Like everything with divorce it depends on the laws in the state in which you reside. Get a lawyer.
          Author Page
          Like Omens In the Night on Facebook
          Steampunk Sweethearts


          • #6
            In my state, property acquired during the marriage is marital property with some exceptions that don't apply here apparently.

            So the horses would belong to both parties until a judge says differently.

            In my state, the attorneys involved will make a spreadsheet of marital assets and marital debts in an effort to reach an agreement as to the division of same. Agreements are lots cheaper than going to trial, and an agreement gives the parties more control over the outcome than leaving it all up to a judge to decide. In agreement negotiations, the person who wants to wind up with 100% of the horses will need to trade his/her share of some other marital asset in order to get them.

            Your state may be different. So you'll need to discuss this issue with your attorney.
            I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show


            • #7
              I vote sell them to your parents, quick!


              • #8
                Please don't rush into some fraudulent transfer of marital property. It can come back to bite you big time. Cause yeah, judges never catch on to those.

                Discuss this issue with your attorney.
                I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show


                • Original Poster

                  So I have an attorney I am in Florida.
                  But my husband is an attorney which totally sucks. He has always hated the horses because they were too expensive. He is going after them for spite. One of the horses I sold to my parents 3 years ago so I'm not concerned about that one. But there are 6 others. I own a share in his law firm and I think he try to leverage the horses.
                  Should have never married and attorney.
                  Ugh I'm just worried about the horses and where they will end up. I did buy all of my horses with my own money but while we were married...


                  • #10
                    Don't you just love it...an attorney who hates the horses because they are "too expensive".

                    Consult your attorney, I hope you can sell them out from under him though. This might not end well for them otherwise.
                    America dialed 911. Donald Trump answered the phone.

                    Stop pumping money into colleges and start getting ready to earn money in the projected tradesman shortage of 2024. Make Trades Great Again!


                    • #11
                      You will have to figure the worth of the horses and take them as part of your "half" of the assets. He will get more cash or whatever to compensate. What an idiot, why would he be like that???? How hard would it be to prove he never had a thing to do with them? Judges are usually not into hurting animals for spite.


                      • #12
                        What you might be able to do, is sell them to your parents - for a fair price- and the money can be put to the marital estate and divided. This could protect the horses, and a judge might not look at that as a fraudulent attempt to hide assets. Again, check with your attorney.
                        Founding Member: Spotted Saddlebred Pals Clique


                        • #13
                          As an attorney you know what you need to do: get a good attorney.

                          Transferring of assets by one party after litigation gets started is a very dicey proposition. To quote that storied legal mind, John Wayne, "I wouldn't."

                          Divorce always entails "horse trading." In this case it's literal.

                          Get competant counsel and let them do their job.


                          Member, State Bar of Texas (Retired)
                          Mangalarga Marchador: Uma Raça, Uma Paixão


                          • #14
                            Divorce and horses

                            Well, I gotta tell ya. I found myself in exactly this predicament with a very vengeful and intimidating X husband to be. He wanted and asked the court that I have the horse put down eventhough I said I'd sell the horse and give him half. Finally he agreed.

                            And so I went down to my nearest handicapped riding program and my friend bought my horse for $1.00 papers and all and my 3rd level horse was now carting around handicapped kids. I went into court, walked over to his attorney and gave him the $.50/his half and a copy of the bill of sale.

                            Here's what the court in the end DID NOT care about in my divorce: that he had well over $300,000 in the Caymen Islands,

                            that he had put his mistress up in an apt in Riyadh and bought new furniture in the Philippines and paid to have it shipped over to Saudi on our joint accts (ultimately sticking me with this bill),

                            that he had cleaned out our bank accts,

                            that he stopped paying the mortgage three months prior sticking me with all those bills too.

                            that I had him arrested and convicted of spousal abuse and domestic violence.

                            The court did not care how I was going to feed our little boy either and it was 1solid year before I got any child support and had to file my own motion to have him hauled into court for that.

                            No the courts don't give a damn and I have to laugh out loud when someone says---make sure you get a good lawyer----what an oximoron.

                            My advice---do what YOU need to do.


                            • #15
                              Selling the horses is not sound advice. Even with a bill of sale for $1. Could be deemd fraudulent and he could come after you for market value.

                              Perhaps not "good" but you need a talented and successful lawyer who has handled and proven to have favorable outcomes in similar situations.

                              What area of law does your husband practice? Just because someone is a lawyer does not mean that they are an expert in all areas of law.
                              APPSOLUTE CHOCKLATE - Photo by Kathy Colman


                              • #16
                                Originally posted by Pleiad View Post
                                What an idiot, why would he be like that????
                                He's not an idiot, quite the opposite. OP is emotionally involved - he's leveraging that emotional involvement into getting what he wants out of the divorce (OP guesses her share in his law business, which is probably worth more than the horses).

                                If OP were not emotionally involved, it would be an empty threat. She'd shrug and say a judge will work it out along with the rest of the property, and he'd lose his leverage.
                                Proud Member Of The Lady Mafia


                                • Original Poster

                                  Have appt with my attny on Monday morning. Hopefully will have good news. Is it true that the horses can't just be split? They are split by value? All of my horses are under 3. So are not broke. My one show horse did the gp but has had a few bad injuries in the past and is pretty much retired.

                                  I'm really pissed off because he came in the house and stole all the registration papers.
                                  I could quickly order new papers and put them in my parents name.
                                  They are all still in the original breeders name.


                                  • #18
                                    Follow your attorney's advice and do not do anything until you have spoken with you attorney. The worst thing you can do is start disposing of marital assets before you get to court.

                                    Some states have an "interim distribution" which allows some of the marital assests to be distributed/disposed of prior to the ultimate resolution of the case and then be accounted for in the end on the marital spread sheet. Ask your lawyer about this.

                                    You say you bought them with "your" money but in most states income earned during the marriage is "marital" which means you are both entitled to it. At the end of the day you need to be prepared to have to give something up inorder to keep the horses. Of course, he needs to be prepared to give something up to keep the "value" of the law practice.


                                    • #19
                                      OP - Back when I went thru my divorce, my ex wanted our 1 yr old dog; all else was split amicably. I knew if I fought he would dig in harder, so I said fine but made him promise to call me first if he didn't want her anymore. That phone call came 2 months later...
                                      Here's something I think you SHOULD do and do sooner rather than later. Find an equine appraiser and pay the $ to get the horses appraised. Make sure that the appraiser is certified or licensed or whatever - There is an Amer. Soc of Equine Appraisers. This will at least give you some grounds from which to negotiate.
                                      We don't get less brave; we get a bigger sense of self-preservation........


                                      • #20
                                        Again, depends on the state, and yes, a good divorce attorney, even if seemingly expensive up front, is well worth it. Mine was - and I made sure we saw "eye-to-eye", but "only" took me 3 years, and limited court appearances ahead of trial. I later had a relationship with an attorney who did not specialize in divorce. He got one of his "buddies" to handle it for him, because it would be "cheaper", and it cost him a lot more, took over 6 years, and even with him completing lots of the paper work, was much more expensive overall. At around year 5 I got fed up with this kind of decision making, as it was an example of how not to do things, among other matters. Having just gone through mine, and some knowledge of the legal process based on my own professional experience, I was tearing my hair out that my friend was letting his matter be handled so poorly. It is not unusual to change attorneys during a divorce if they are not working out for you - it almost seems the norm - and he was not about to because it was a buddy - even though I heard the whines daily about how much money/time it was taking. And the outcome also was poor. Make sure you continue to be happy and comfortable with your attorney. and that you can easily communicate with them/their office.

                                        As to the horses, because they were bought during your marriage, if they were bought with funds of both of yours, shown as such by combining them in accounts, in NY State they would probably be considered community property. However, you say you bought them with your money. If that was money you had ahead of the marriage, and never had it in another account with your soon to be ex, they could possibly be considered yours.

                                        Also, in NY State, if you tried to sell, or misappropriate property/funds, etc. after the initial filing, it will still be considered mutual property, and you will have to make up for it.

                                        Oh, well glad you have an interest in his practice. Will assume your attorney will still try to use an expert to evaluate your financial assets, so be prepared for that expense as well, but also well worth it. Your attorney will need someone who really knows what they're doing up on the stand. And good chance they will look to you to find someone to appraise the value of the horses if they are an item.

                                        Good luck with it all. I know your horses are important to you, but I would guess he is scared out of his wits about having to pay you for part of his practice. I'd get copies of the registration papers, and ask your attorney about whose name to put them in, but I'd guess they'd say to leave it as it has been. They probably won't be divided, but their value considered part of the overall package. Make sure you know every single item he acquired during your marriage. And as much as you know about the success of his practice.
                                        But he thought, "This procession has got to go on." So he walked more proudly than ever, as his noblemen held high the train that wasn't there at all. H.C.Anderson