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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12181
Experience:  30 years as a practising solicitor.
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Do I have a claim on horses jointly owned with my ex? The horses

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Do I have a claim on horses jointly owned with my ex? The horses in question were put on loan without my consent when we split up. I've only just been told that this was illegal & I have as much right to these horses as him. Also he put the last of our broodmares out on loan at the same time. Do I have any claim on them. They were bought for our stud. My ex financed it but I ran it & was second signature on the business account. I have since found out he has sold the 3 broodmares without my permission. Can you please help? Christine
Thank you for your question.
If the horses were owned jointly or part of a joint business then you would have a claim assuming they weren't taken into account at the time of divorce. Because you're now divorced they would simply be treated as joint property rather than matrimonial property.
Happy to discuss further if you can give more detail.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

We were not married. When we split up he told me that I had no claim on the horses & I believed him. It has only recently came to light that the horses are owned by both of us. I was entitled to nothing because we were not married & the morgage was in his as we're the cars etc. I was only a common law wife. There are 2 young horses that I bred that are out on loan that are jointly owned. I want them returned or my share of the sale? Can you please tell me if I have any claim on the broodmares. They were not bred by myself and ex they were bought in for the stud. One of them was a swap for something that was bred by me & owned jointly, Do I have a claim on her? I when the business was opened it had to go in my ex name because I had been made bankrupt. So the bank account for Carriden Sports Horses was in his name but I was second signature on the account. I wrote cheques, payed for feed, bought mares from Germany, etc all from this bank account. I really need more clarification from you. The answer given has not helped me. Sorry.

If you weren't married the legal position is more straightforward. Your property is yours, his is his and joint property is owned equally. See section 27 of the Family Law (Scotland) Act 2006:
"27 Rights in certain money and property
(1)† Subsection (2) applies where, in relation to cohabitants, any question arises (whether during
or after the cohabitation) as to the right of a cohabitant to
(a) † money derived from any allowance made by either cohabitant for their joint household
expenses or for similar purposes; or
(b) † any property acquired out of such money.
(2)† Subject to any agreement between the cohabitants to the contrary, the money or property shall
be treated as belonging to each cohabitant in equal shares.
(3)† In this section property does not include a residence used by the cohabitants as the sole or
main residence in which they live (or lived) together."
There's no such thing as a common law wife any more. Partners do have rights. If you split up less than six months ago you have a statutory claim against him for compensation for any financial disadvantage suffered by you. If you're outwith that time limit but within five years of the separation you can raise a claim based on his unjust enrichment at your expense.
Customer: replied 3 years ago.

I'm sorry but I don't know what this means. I was thrown out the house in November 2013 with the clothes on my back. There are to young horses that I bred that he put out on loan & made verble agreements with the loanees about buying them etc. Both of these horses are in joint names & I was never consulted about what he had done. There are 3 broodmares. They were out on loan & I only found out that he has sold them. 1 broodmare was a straight swap for a young colt I bred but was jointly owned. The other 2 I bought in from Germany. I ran the business on my own all Stewart did was open it in his name to get me started. I worked in the stud for 7 & a half years & never received an income from it even although I was put through the books as making a monthly salary. I'm disabled & my disability money was contrabuted to the household. It was even paid in to his bank account. Yes I know I have a claim on the jointly owned horses but what about the broodmares? Also do I have the right to go & get the 2 young horses? He also let them move off the property without passports, which I know to be illegal. I'm very distressed about all of this & I need to know my rights. I have had no say on anything regards ***** ***** these horses. Plus he is selling them well under value.

Did you consider that you were in a business partnership?
Customer: replied 3 years ago.

Yes. But he has made me believe for so long because he financed the business I had no claim on it what's soever. Yes he did finance it but I ran the business in every shape & form. I'm more upset about the fact that he's sold them as they ment the world to me.

Customer: replied 3 years ago.

Can I please get an answer & how best should I go forward?

If you were in partnership then you have a right to claim one half of the value of the business as at the date the partnership ceased. The horses which exists at that date form partnership property and you could claim the animals, which failing, their value as part of that claim.
From what you say, it sounds like you will need to instruct a solicitor to make the claim for you as you may have to raise court proceedings for delivery of the animals or alternatively payment of value.
Cases involving animals are rarely straightforward as their are emotions involved which the law doesn't recognise, preferring to deal with animals in the same category as other property.
JGM and other Scots Law Specialists are ready to help you