Divorce and MY horses, thank you all

[Frankie]

I will try and make it short.

Have been going through a divorce, will be a year on Saturday.

In our state, no kids, all is split 50/50. He asked for his stuff, me mine, added up the totals and he is by far ahead dollar wise. BUT still, he wants half the horses, in my opinion only for one reason.

It has been a year and they are tired of messing with what should be a not so tough 50/50 divorce. So recommendations made by the mediator to the judge to get it over with. They have ordered all to be sold then split 50/50.

My horses are to be liquidated at a sale. Uhhh NO! I have been told if I refuse the sheriff will pick them up. Uhhh NO!

I am beyond beside myself and devistated and hurt and mad and anything else you can think of.

I have talked with so many people hoping to step in and help, but nothing yet, so I am asking for your help, experience, what worked, what didn't and how much is bail?

Of all we have, I asked for only one thing, honest, my horses, but because he wanted "his" half, this has happened.

What do I do? What did you do? How do I keep my cool through this? Keep control?

Game on!

Final hearing, 2-26

So you know, any horse I have gotten this last year, not affected.

Thank you for your time.

Sorry if to personal, but I have asked and checked every where.

 

[Reijel's Mom]

Anyway "fair market value" could be assessed and you either give him "his" half or let him have something else worth that value?

Sad and shocking that things come to this

 

[Leeana]

WOW i had no idea they could do this?? I have a few idea's, then agian i am not sure how the system works for these things anyway, but will email you later on. You could say you "sold" them to a friend and am just boarding them until you move to Kentucky and then will deliver them to your friend

. Im not really sure how you could "cheat" the system exactly on this as i don't have the experience.

 

[Mona]

I didn't read through replies yet, but can you maybe just provide receipts showing that you paid for them, and give him half of that total??

 

[Marty]

The first time I joined the forum, my very first signiture read:

"Men can come and men can go but the horses stay in my name"

What does your lawyer advise? As a product of a horse-divorce, my lawyer told me that the court could not force the sale of my horses because they were my personal pets and they didn't.......... but if push went to shove, I would make my horses suddenly disappear.

adding:I would make my horses suddenly disappear. ( That could probably get you into deep trouble......don't do anything without calling your lawyer!)

 

[Brandi*]

OMG this is horrible. If you don't mind me saying....what a jerk! It sounds like he is doing this just to hurt you! Did he even have anything to do with the horses while you were married? I'm sorry this is happening and I hope it will all work out.

 

[crponies]

I would say sell them to a friend for 2 cents a piece, give your husband his penny, and then buy them back from your friend.

 

[SampleMM]

This happened to a girlfriend of mine and the horses did get sold through an auction. She ended up buying most of them back but it took years. I am sorry you are having to go through this. I hope someone can offer some good advice.

 

[Reble]

Tell the Judge you will give him half of todays market value.

If the Judge orders a liquidation I am afraid you must abide.

Get friends family, and more to go to the sale and tell everyone there what is going on.

Just pray and hope no one will bid on your horses and you can get them dirt cheap.

Sure hope you can buy back as many as you can.

Sorry I am not much help.

Thinking of you in your time of need with prayers (((((hugs)))))) coming your way.

One more thought ask the Judge if you can only sell half of your horses, keep the ones you at least would never want to go. and tell him he can have all the money from the sale of those horses.

 

[Miniv]

If you don't have a lawyer, I'd get one ASAP. If you have one, I'd get ANOTHER.

That just stinks to high heaven.l

 

[RobinRTrueJoy]

My "things" mean nothing to me. My animals mean everything to me.

Find a TRUSTED Female friend preferably one he doesn't know about..

Sell every horse to her for $50.00 if you have ten horses, she will give you a check for $500.00 You can give him a check for $250.00

Cash her check( for the bank record) Do all the amha paperwork.

You can pay her back later and put the horses back in your name later..

If he complains about the money, tell him, Hey the market sucks right now!

I hate that women get nailed to the wall in divorces!

I wish you all the best,

Robin

 

[dreaminmini]

Sorry to say...But what a FIRST CLASS JERK!!! I hate that men think they can do that! My friends husband abused her, she had him arrested, she was left to pay for the mortgage and look after all the bills while she was being treated for cancer, now he wants half the house, the possibility she will have to pay him rent for being able to stay in the house and some of HER pets. He had nothing to do with them except pet them now and again. Let's give an abuser his wife's animals...yeah that's smart (I am being sarcastic)

I'm sorry you are in this position. Is there still any chance you can negotiate a buy out? You did say the his assets came out ahead of yours in value. Therefore you should have a buffer zone there...you should be entitled to more than half the sale of the horses. Can you get the horses estimated by professional evaluator and then pay out any difference you may have above your equal share to assets. Not sure how well I explained this.

Say your assets are $5000 and his are $10,000 and say the horses are evaluated at $8000. That makes you now $3000 more than him...hence you really only have to pay him $1500. Just a thought.

If not do you have anyone that can buy them at the sale and then let you buy them back? Just pray the bidding doesn't go crazy.

 

[Minimor]

This really sucks.

Consider very carefully before you take the advice to sell all to a friend for a minimal amount--get legal counsel on that one, because I'm really not sure that you can legally do that. Perhaps if you had sold them 6 months ago, but now that this has been ordered it will be quite apparently that you sold the horses as a dodge and I think that the judge could order the horses seized from whomever you "sold" them too. I'm pretty sure that is what had happened with a lady on another board when she did that awhile back. I'm afraid I don't remember all the details and don't know what the outcome of her situation was.

Is everything you own together to be auctioned off this same way and the proceeds split, or is it only the horses? He's already getting a bigger share of the possessions so I do not see how he is entitled to 50% of the horses as well. Fair would be having the horses appraised and that amount added to your share, then see what the difference is...or if not appraised then use the purchase price from when you bought the horses. To me, that would be fair....but then I am not a man.

Get yourself a ball-buster female lawyer and fight this!!

 

[Feather]

Many times when two parties can not agreed the court just orders all sold & then the proceeds are divided down the middle. So much of it turns from plain spite. A fair apprisal that can stand up in court(by a so called "expert") in the field; they are stamping a "Present Value" to an item can establish a share to be moved to your side of the division. YOU CAN REQUEST for another mediator at an impass stage. NOT ALL mediation is binding, some are, was there an agremment of such when this mediator started for the court?

One word one way or one word used another way makes a world of difference in court. LAWS ARE INTERPATATIONS as seen by the lawyers & judges. Its who's eyes are reading them! Lawyers are expensive & a lot is done to plain raise their own fees BUT you can not get through court without them. Each locality is soo different. We can only suggest areas for you to look, then you'll have to find how it fits you in your area.

With the mini world prices soo low right now an appraisal could be much better than chances at an auction. Surely there is something the other party places value in that could be appraised for a trade-out of values. Sometimes, one divides & the other chooses their half? Is there a way to load up a side they should want more?(present before a judge?)

The judge just wants it off their docket, so if you can share some light to make it eaiser than you may have a better chance. Name calling just makes a judge mad; facts speak.

Good Luck...

 

[mydaddysjag]

Can you have your own private liquidation auction, as in hiring a professional auctioneer to come to your property and hold a small auction.

Only invite close friends and family, and start the bidding at $1. Therefore they were sold at auction, you have a receipt from a professional auctioneer, and proof that they were sold.

How many horses are we talking about?

 

[Frankie]

It has been hard as he has been so back and forth and changing his mind about every 6 weeks.

I so very very much appreciate your thoughts and ideas. Thank you so much.

We believe the answer is a combination of what was said here and in a PM

I so hope it works.

Thanks again

I will let you know

 

[Wee Mite Miniatures]

Years ago I got involved in a rescue case. Because of a divorce the animals were not being taken care of, two had died. This involved two large horses, about 10 mini's, a bird and a few dogs. We ended up with one of the mini's when the two big horse and one mini's escaped and were picked up two towns over.

We placed calls to every one we could think of and NO ONE did anything because the divorce lawyers were involved. The wife refused to sell her mini's. They were in her name. The husbands attorney finally advised him to sell the horses. They were each sold for $50.00 each. The checks were made payable to the TOWN they lived in and applied to the property tax due on the joint property. Seems it was all legal. Property owned at the time of marriage sold with the money going right back onto property owned at the time of the marriage.

 

[RobinRTrueJoy]

Do you have a piece of Jewelry that belonged to HIS mother or family? Could this be used as leverage???? Could you offer this family"heirloom" back to him?

Robin

 

[sfmini]

I hope that you are going after half of HIS stuff! What a pig.

If you have a sale, those of us who can come will do so and will bid super low amounts, like $5 or so. In this market, you need to be careful of how they are valued, you might be way ahead money wise to go the sale route and buyback rather than pay him half of what you bought them for. BUT, the more expensive route might be easier emotionwise on you. Just let us know what we can do to help.

sure am glad i never married, the divorces i have seen are just awful and nasty and mean.

 

[Marty]

Carolyn, I think Jody is on to something.

Maybe you can set up an online auction page. And all your friends here can bid starting out at something like fifty cents and not go over $5.00 !!!! and then sell them right back to you. I'm sure you can find a good team of professionals right here also to be your appraiser if you go that route too.