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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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Myself and stepdaughter purchased a horse with equal sharing,

Resolved Question:

Myself and stepdaughter purchased a horse with equal sharing, for my daughter and stepdaughter to ride.
I have since separated from my wife and on separation my wife and stepdaughter moved him away to another location and I no longer have anything to do with him. My wife took his equine passport away and has stopped taking any money towards his livery.
Our separation has been very difficult, but I now want to sell my share of the horse but my daughter says that my stepdaughter intends to make sure it costs me more on lawyers bills than what the horse is worth.
I have the bank statements detailing the money paid to my stepdaughter for the full value of the horse as she then paid the original owner, but the passport is in her name as she said it made more sense as she has more experience of horses. I should also say that we have no share agreement.
If I request the sale of the horse (with a reserve value) can my stepdaughter be as difficult as she is saying just to make the sale worthless?
Can I sell my share without any lawyer involvement and let the new share owner discuss a share agreement?
Is there any other options?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
There is nothing to stop you selling a share in a horse if anyone will buy it. The problem is that if there is nothing in writing between the existing owners, and indeed there is a dispute between the existing owners and one has essentially taken the horse, who would be interested in buying?
The only remedy here may be to apply to the court to have the horse sold and the proceeds divided but, as you already know, this will be expensive and it would depend on the value of the horse as to whether it was actually worth doing.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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