I have the horse in my possession now.
The verbal agreement was made last year. My Partner Michael and I own the mother and bred her and own subsequent baby, who is now a yearling named Green Lightning..
Michael and I agreed to a 50-50 ownership. I guess under verbal agreement with Diane, Michael owns 25% and I own 25%. We have no agreement in writing. Nothing notarized.
We (Michael and I) were boarding our horses with this lady (Diane)last year. In February of this year I moved our horses from her facility as she was playing financial games and I was becoming leary of her, but not before I made one more deal with Diane. We all were in verbal agreement that we would take her yearling also as the 2 yearlings were pastured together. That agreement was that I would (at my new boarding facility) take care of her yearling's day to day expenses. Both of these yearlings are supposed to be entered in the August Ocala Breeders Sale to be sold. In exchange for the daily upkeep of Diane's yearling, Mike and I would get 1/3 of the proceeds from the sale of Diane's filly. I will refer to her as the Roan Filly. Another problem, Mike had met with Diane without my knowledge and made a deal with her that she pay $20 a week for hay for Green lightning as her half of the horses expenses. Evidently Michael has difficulty standing up to people to make proper deals. I thought Diane was paying $100 a week for hay expenses, and though this amount is an extremely feeble amount, I went along with it just not to make waves with Diane.board for aThoroughbred yearling runs between $20 and $30 a day. I can get people to attest to that all day long. Diane's Roan Filly got a scratch on the cornea of her eye and I had the vet out to treat it. the bill was $129. I told vet I would pay 1/3 or the bill. Well, Diane is refusing to pay the bill stating that I need to cover all of Roan Filly's expenses. this led to email discussion of half expenses for Green Lightning, and that I felt that $100 a month is way undercutting her expenses, and what about my time, responsibility and expertise? Diane still insists in paying only $20/week for hay for Green Lightning She is refusing to pay what I ask, and she sent a check for $100 for hay ( and that includes a couple of other small expenses). I told her I would refuse the check, that she is insulting me. Michael told me that he would support me 100% in any of my decisions. Then he went to Diane and agreed with her insulting amount of payment. Now Diane is saying that she owns 50% of Green Lightning and Michael owns 25% and now because they own 75% I have no say and she is going to take the horse. Another FYI....Michael now has a girlfriend,since about January. And since then he has not been supporting his end of any partnership. He does not communicate with me , and since January I have been caring for all of our horses physically, and about 75% of all expenses. I know this is long and involved, but you needed more details. Michael seems to have lost interest since he now has a girlfriend, and he spends most of his time with her, so now I am left doing all of the physical care on a daily basis. I am thinking, (it seems like he wants out of this business) of having him sign over his 50% of Green Monkey to me. Since Diane wants to jerk me around and make deals with my partner behind my back that involve me, I think this that is illegal. Though nothing was written on paper, I am pretty sure that since I have the Green Monkey's registration papers, with just Michael's name and my name on them, that Diane has nothing she can do legally, though she is threatening to sue me.
All agreements are verbal.
On paper, Michael and I are her breeders. The owner(s)sign the back of her Registration Papers.
I have the Registration Papers, and I have signed them. No one else has.
Diane is attempting to take the horse.
Unfortunately, Michael agrees and supports whom ever he happens to be talking to. so he has put himself in a precarious place because he agrees with both of us women.
Thank You so much for your expert advice.I commend your work.
Please send an example of as you stated of "breach of fiduciary duty"letter, and hopefully that would work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).