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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My question Is: My daughter excepted a horse as a gift back

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My question Is: My daughter excepted a horse as a gift back when she was 16 years old. We always shared in the responsibilities. I would pay out the money and she would do chores. I always assumed all the horses were half hers and half mine. This one horse that she excepted as a gift.....she called me at work and asked if she could have this horse. I said yes with the aggrement that she would share this horse with a friend and her family and this friend would pay half the cost. My daughter (after a number of years went by) would never let this friend ride this horse so they discontinued paying. I can not blame them at all and I continued paying for the whole horse. Now my daughter is 22 years old and a year ago abandoned all responsiblities (physically and monetary). If this is still her horse would she not have to pay the cost of keeping this horse with me? I could be this great and giving Mom and just give this horse to her. Or should she not only pay for the last year, should she have to pay the last 4 years since she has become an adult? Please understand we live in Wisconsin and this has been one of the worst winters and I am taking care of many, many animals (that my daughter started as a young child) and I said yes to alot of these animals 18 years ago. But now they are old and need more care (physically and with more cost). I am doing this alone.

Thank you for any help you can give me. Heidi

PS I paid for 6 years of college tuition and just recently quit paying the full amount. My daughter is very smart and started college when she was 15.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If she received the horse as a gift, then the horse belongs to you, even if you have been sharing costs on maintenance. You would, since you have been paying expenses, be entitled to sue her to recover all of your money you spent caring for her horse since she turned 18. Since it is her horse, it is her legal responsibility to make payments. If you present her the proof of your payments and make a demand for payment and she refuses, you can sue her in court for contribution as it is her horse solely as it was a gift to her.

The only defense she would have is that as there was no written agreement between the two of you, she would claim your payments were gratuitous or a gift to her and you would have to prove that they were not a gift and she was supposed to pay her share at least of the expenses.

I am afraid that your only recourse though if she refuses to pay when you ask would be you do have to sue her to seek to recover the money you have paid for caring for her property.


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Customer: replied 4 years ago.


Can my daughter come and get this horse at any time?


 


Can the person that gave her the horse come and get this horse without paying for expenses first?

Thank you for your response.

As long as you put her on notice she owes you the money in writing and that you are holding the horse as a possessory lien and will not release it to her until she pays what she owes for expenses, you would be justified in holding the horse from her. The person who gave her the horse cannot come and get the horse, it is not their horse to take it is your daughter's horse.

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Customer: replied 4 years ago.


Should I not give my daughter a dead line on the amount she owes me for the past board? 30 days?

That is up to you. You can give her a reasonable time to pay if you have never demanded payment from her before. Reasonable is anywhere from 2 weeks to 30 days.
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Customer: replied 3 years ago.

Dear whomever is available,


My daughter shared this horse with another person. A young lady named Chelsea. There is a binding contract between the two families. The two girls were both minors at the time of this gift and now both girls are adults. The one girl wants the horse to stay at home for now. My daughter however wants to move this horse to Vermont. The agreement was that both girls would have to come to an agreement. 6 people signed the contract for this horse in 2009. Would the contract not apply?


 


Heidi

Thank you for your response and follow up.

If there is a contract signed over this horse, then yes, it is a binding contract and would be enforceable exactly as written unless the parties agree in writing to change the terms of the contract. If either party does not follow the contract, they are in breach and can be sued in court for not following the contract. If the parties cannot agree on how to resolve their dispute over the horse and cannot use a neutral party to try to resolve the dispute, they would have to follow the contract as written or go to court for a court to make a decision, which would be either follow the contract as written or order that party would buy out the other party or the court will issue an order to sell the horse.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 8 other Legal Specialists are ready to help you