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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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hi is it possible to get someone taken of a joint signing in

Customer Question

hi is it possible to get someone taken of a joint signing in a partnership in december 2011 i bred a litter of greyhound pups with my partner as joint owners in febuary 2012 we sold two pups and we gave one to a friend the remaining three pups that we were keeping between us were moved to a farm for rearing in march 2012 in july 2012 we split up as a couple she has not seen or paid anything towards the pups since they were moved to the farm i have had to rear them and cover all costs myself in january 2013 two weeks ago i got in touch with her through a friend to ask her to sign the paperwork over to me she refused and said she will not sign unless i give her 2000 pounds can i get her name removed legally if not can i claim half the rearing costs that i have paid out which is twenty pounds a week per pup
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Legally, animals are considered property, and no special rules apply to them.

Max Lowry :

The normal rule is that partnership property belongs to both of you equally, which is where you appear to have started off with this.

Max Lowry :

And no one partner is entitled to the property more than the other.

Max Lowry :

The Court will generally order a sale of property where you cannot agree what should happen to it once the partnership is over.

Max Lowry :

It does however have a discretion about this.

Customer:

so is ther a way to recover half of what i have paid out for the pups

Max Lowry :

Yes, as both partners are equally liable for the partnership debt - and if she says this is joint partnership property, then it follows that he/she owes you for half the partnership debts, which this would be, so you could sue for this.

Customer:

her name is XXXXX XXXXX paperwork so how do i go about sueing her for half the money that i have paid out

Max Lowry :

You can issue proceedings in the County Court - so long as it's under £5,000, then it should be an informal process in the small claims court.

Customer:

do i do this through a solicitor

Max Lowry :

That's up to you, but you dont always need one in the small claims because it's informal. Also, you will not be able to recover your costs of using a solicitor in the small claims system, so it can often be better to do it without a lawyer.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Customer:

thanks

Max Lowry :

Thank you!

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
Max Lowry and other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi max would i be able to recover my costs if i give her the 2k to get the dogs in my name before i take her to the county court

Expert:  Max Lowry replied 3 years ago.
No, probably not, you'd have to argue duress, which means a gun to your head or some for of economic duress and that's very very difficult indeed to show in something like this. So, best to assume not I'm afraid.

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