I have a 7ish mare my mom bought when she was 6 months old, so roughly in 2000. I do not know if we had a signed bill of sale, but I know if we did we dont have it anymore. I need to prove she is mine so my mom's husband can't take her in the pending divorce. But Ive called several times over the years and the breeder we bought her from won't return my calls and I know he got my messages ( long story, but he no longer likes my mom). All I need is a varification that he sold her to my mom and some datails on her sire/dam and his signiture as breeder if I decide to register her (I may want to even though its kind of late just to prove she's a gaited horse competing in dressage, if we make it to upper levels.) Now because we don't have PROOF we own her, and he hears we want him to verify it, can/would he be able to claim her? Is there a legal process where we can hand and make him sign the papers? How much might it cost?
2007-02-04 13:17:31 · 9 answers · asked by mestenio_lara 1 in Pets ➔ Other - Pets
I'm just looking for ideas: If you don't have any, dont answer!
2007-02-04 13:24:08 · update #1
You have really answered your own question. You have called the breeder to verify that he sold her to your Mom and not you. You want to prove she is yours, but your Mom bought her. And the bill of sale would more than likely been made out to your mother, not you. And if it was, your horse will be fair game in the divorce. If Mom wrote a check for her, the bank may still be able to get a copy. This is also proof of ownership. But this will again prove she belongs to your Mom. If they have not filed for the divorce, buy her from your Mom (if you are not a minor, since that would not be a legal transaction). Pay a dollar for her and get your Mom to give you a bill of sale. Then she will be yours. But if the divorce has been filed and she has been listed as joint property, there is not much you can do at this point. And since you bought her without getting any kind of breeder's certificate, it will be expensive to get her papers. Like silverspur said, you will have to most likely get a DNA test run on her and her sire and dam. And they are not cheap. Good Luck!
2007-02-04 13:57:48 · answer #1 · answered by Paint Pony 5 · 2⤊ 0⤋
All you have to do is get your Mom to sign you over a bill of sale from her to you for - say, $10. That will make it legal. I don't think you can force the former owner to do anything, especilaly since it has been over six years.
Possession is 9/10 of the law. A legal bill of sale stating you bought the horse should be proof enough.
As for registering, I can't help you there. However, registration won't prove she's a "gaited horse competing in dressage." All it would prove would beher breeding.
2007-02-05 06:02:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can't legally force the seller to provide you with a proof of ownership once the horse is transferred into your hands- whether you remember or not if there was a bill of sale with the mare. The previous owner can by choice disclose a conformation- but if you're having trouble getting a hold of them then it's not likely that one will be relinquished.
If you want proof of ownership before your mom got married take your horse to the vet and have a coggins done. On the coggins the vet will disclose the age of the mare. If it shows that the mare is in fact older than the marriage date your moms husband can't claim that it is his. However if she bought the mare after she married him the mare is fair game in the divorce. And it's likely that if you didn't get a breeding report with her when she was a weanling- the previous owners don't have a legal way to show that they had ownership of your mares dam at time of breeding or birth. If you're wanting to get her registered then you will have to send in a mouth swab so they can run DNA on her- and this is most of the time pricey.
2007-02-04 13:27:46 · answer #3 · answered by silvaspurranch 5 · 1⤊ 0⤋
He can make a claim, but I don't think it wouldhold up in court- you have had the horse for the lsat 6 1/2 yrs, and if you see the horse- it would obviously come to you and not him.
Anyways back the the messy divorce....do you have stubs (or online checks) that you wrote out for boarding? Technically, whoever pays the board probably owns the horse, plus if the stable owner can vouch for you.
If you are really worried, get a lawyer that specializes in animal/pet cases.
2007-02-05 01:24:39 · answer #4 · answered by D 7 · 0⤊ 0⤋
i'm no longer constructive the way you may accomplish this. perchance fairly than shoving it down his throat by litigation, why do not you bypass pay the guy a visit? If he's a lengthy techniques away, we favor to look at an option determination. one element you may do is call some close by legal professionals and ask them what they could can charge you to position in writing the guy a letter. i ought to can charge you $25 for the type of letter and which could do the trick. in case you will get it finished affordable, bypass affordable. i really understand of no thanks to rigidity this challenge with the broking. You lost the papers. He ought to easily favor to attain this out of the kindness of his heart. good success.
2016-11-02 08:28:20 · answer #5 · answered by nocera 4 · 0⤊ 0⤋
If push really comes to shove you may have to buy out his "half" of the mare. Does he really want her, have time for her, have money and room for her and will he be willing to fight for Her or is it just one good way to cause some trouble. It'd be a pretty evil man to take a girls horse.
If you need to get her appraised for him to buy out bribe the appraiser to jack her price sky high and brag on her years of pro training. If it's for you to pay half tell the appraiser about her chronic lamenitis, and bad bucking habit so you have a lower price.
In all honesty best of luck, keep working on that seller. You could send him a certified letter, he'd have to sign for it and therefore couldn't say he didn't get it. Or see if there's a way to called him in to court to testify on the purchase. He can't ignore a subpoena
2007-02-04 16:38:47 · answer #6 · answered by emily 5 · 0⤊ 3⤋
don't know the cost. just personally go up 2 the seller. say what u all need and just that. tell ur situation, and say ur not ur mom. he had problems with her, not u. don't lie to him/her. that will make it a zillion times worse! be straight up.
2007-02-04 13:25:07 · answer #7 · answered by :kjelseth: 2 · 1⤊ 0⤋
Beat the crap out of your moms ex....
2007-02-04 13:26:37 · answer #8 · answered by ohsswim04 2 · 0⤊ 1⤋
why not ASK a lawyer....Yahoo is not a law firm...
2007-02-04 13:20:52 · answer #9 · answered by Chrys 7 · 0⤊ 3⤋