When a horse owner gets divorced, their horse will almost certainly be an important consideration as part of the divorce settlement. In the United Kingdom alone, approximately 374,000 households own horses and the estimated horse population stands at around 850,000.

In the eyes of the law, a horse is classed as a ‘chattel’ (personal property). However, our horses are not just property — they’re beloved companions, a part of the family and, in some cases, can be very valuable assets. So things can quickly get emotional should your horse have to be sold or you become embroiled in a battle about whether you or your spouse truly owns them.

Key issues relating to what happens to horses during a divorce are:

Ownership status

Whether your horse is considered marital or separate property depends on when it was acquired.

If you purchased your horse before marriage, it may be considered separate property. In that case, the owner generally keeps control over the horse without paying their ex-spouse anything.

However, if the horse was acquired during the marriage, it’s usually considered marital property, and its value will be factored into the division of assets.

Appreciation

If your horse’s value has appreciated (ie increased) during the marriage (even if the horse was purchased prior to the marriage), that appreciation may be considered a marital asset and subject to division upon divorce.

Active appreciation (due to efforts during the marriage, such as competing and winning shows) and passive appreciation (due to inflation or market forces) are both relevant factors.

Valuation date

The valuation date is the day on which the horse’s market value is determined. This date varies of course, as parties may wish to rely on either date of acquisition, date of marriage or date of separation.

How to protect your horse

In order to protect your horse in the event of you being divorced, there are a number of steps you can follow:

Documentation

Keep thorough records of your horse’s purchase, care, and expenses. This includes bills of sale, veterinary records, and any other relevant paperwork.

These documents can help establish ownership and demonstrate your commitment to the horse. The same can also support your case during divorce proceedings.

Prenuptial agreements

If you are not yet married, then I strongly recommend a prenuptial agreement (also known as premarital agreements or prenups).

This legal document can outline ownership and custody arrangements for your horse in the event of divorce.

If you are concerned about your four-legged companion, a prenuptial agreement is one way to ensure they are protected going into a marriage.

Co-ownership agreements

If you and your spouse jointly own a horse, then you can enter into a co-ownership agreement. Such an agreement will set out each party’s responsibilities and any decision-making processes that the parties are to follow. Lastly, it can also prevent any disputes during divorce proceedings.

Mediation and collaboration

To prevent lengthy disputes, parties are always encouraged to consider alternative dispute resolution methods, such as mediation or collaborative law. Such methods can lead to a more amicable solution.

Demonstrate your commitment

As a horse lover myself, the thought of having to worry about my companion is concerning. I most certainly would not like to get into a dispute over this.

Our horses have a special place in our hearts and our emotional attachment to them is like no other.

The Court treats horses as personal property and it is very important that you demonstrate your commitment to your horse’s well-being. This is a factor the Court considers when dealing with any dispute.

Determining a horse’s monetary value

In the context of a divorce, if a horse’s value cannot be agreed between parties, then an expert will need to be instructed.

This is due to the Court requiring a certified equine appraisal to determine the horse’s monetary value.

The appraisal assists the Court in establishing an objective basis for property distribution. The Court in some instances could order your horse be sold and the profits to be dealt with as part of the divorce settlement.

When an expert values your horse, they will consider a variety of factors, such as:

  1. Breed
  2. Age
  3. Health issues
  4. Competition history.

Therefore, it is extremely important that anyone who owns a horse seeks legal advice as to how they can protect them in the event of a divorce.

Equestrian property

It is not just our horses that are factored into divorce settlements. As we know, many equestrian families often own related assets such as stables, tack, or trailers.

Therefore, these assets also get taken into account and must be fairly divided.

As solicitors, we also advise in relation to equestrian property, which usually hold a significant value. So in the event of a divorce, you may be concerned where your beloved companion will live should your family home be sold.

As equestrian properties have a unique nature, thorough documentation and expert appraisals would be required in order to value the same.

Divorce can also impact those involved with equestrian businesses, as it affects ownership, management and financial support.

Common mistakes to avoid

Divorce cases involving equestrian property can be intricate. Here are some common mistakes to avoid:

Lack of documentation

  • Parties failing to provide document ownership, expenses, and care arrangements for horses.
  • Failing to keep detailed records to support your claims during the divorce process.

Ignoring emotional attachments

  • Horses often hold deep emotional value. Ignoring this can lead to disputes.
  • Consider the emotional impact on both parties when negotiating horse-related matters.
  • Consult a lawyer experienced in equestrian divorces.
  • Waiting too long can lead to costly mistakes or unfavourable outcomes.

Overlooking business interests

  • Equestrian families may have related assets (stables, tack and trailers, for example).
  • Address these assets alongside horse ownership to ensure a fair division.

It is important both parties maintain clear records of business operations, finances and ownership. It is also advisable to separate personal and business finances to avoid commingling assets.

Underestimating a horse’s value

  • A horse’s worth goes beyond winnings. Training, bloodlines, and potential earnings matter.

How to protect your horse and/or property

There are a number of options to protect your companion, equestrian property and business. These are as follows:

Consider a prenuptial agreement

I’ve already mentioned this once — that’s how important it is. Prenuptial agreements play a crucial role in setting terms if a marriage ends.

For instance, someone with an established family business may seek to protect those assets from the other party in case of divorce.

These agreements allow engaged couples to define how assets will be divided and assign responsibility for debts, both pre-marriage and acquired jointly. Importantly, prenups can also address inheritance rights.

Consider a postnuptial agreement

If you’re already married and don’t have a prenuptial agreement in place, consider a postnuptial (or separation agreement if you are planning to separate). You can attempt to ring fence the above and limit future disputes.

Postnuptial agreements

A postnuptial agreement is a legal agreement signed by spouses after marriage. It outlines how financial assets will be divided in the event of a divorce or separation.

Postnuptial agreements create clarity and security, ensuring fair handling of assets should the marriage dissolve. To be valid, postnuptial agreements must meet basic criteria, including mutual consent, full disclosure, and absence of coercion.

There are of course benefits to these agreements such as: establishing ownership of property (community or separate) and reducing potential disagreements by setting clear terms upfront.

In the challenging terrain of divorce, safeguarding equestrian assets requires a strategic approach.

Whether it’s drafting prenuptial agreements or valuing your equine companions, remember that professional guidance and empathy are essential.

By navigating these complexities, you can ensure a fair and compassionate resolution for both parties and their horses.

Separation agreements

A separation agreement outlines rights and responsibilities during a marital separation. It can cover property division, arrangements for children and finances, and other relevant matters.

The provisions are often incorporated into the final divorce settlement to establish spouses’ rights and obligations while living apart before divorce.

When it comes to protecting horse ownership, a separation agreement can play a crucial role as it records that any sale or transfer of horse ownership is documented with a written sales contract.

This protects both the buyer and seller by clearly outlining ownership details and responsibilities.

‘In the dance of divorce, where hearts break and assets divide, remember that our four-legged companions — those steadfast souls who’ve carried us through life’s storms — deserve their own chapter in the story. As the ink dries on legal papers, let us honour the hoofprints they’ve left on our hearts.’

Main image by Shutterstock

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