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How can I manage board fees for horses during divorce proceedings?

How can I manage board fees for horses during divorce proceedings?

Q: Can I recover board fees if I keep the horses until spring?

You may be able to recover board fees for the horses if you can demonstrate that you are incurring these costs while waiting for a sale. Discuss with your attorney how to document these expenses and whether they can be included in any settlement agreement. It's important to clarify this matter to avoid disputes later.

Full question:

I have a Thoroughbred race horse farm (my name only). Husband and I are in Ch 13 Bankruptcy. The court disallowed CH 12 because my husband is an ER physician and makes $200K year. The horses were a tax break, not a money maker. (30K loss for our joint taxes last year) I filed a Protection from abuse Nov. 6. He filed for divorce. He wants half of the horses as marital property which I am fine with,(He could have them all right now) but it is winter and I can't sell the horses now. What is the most expedient way to get half the board fees in the meantime? He is stalling, waiting for a better price in the spring. Can I get back board fees on his half of the horses if I keep them till spring? Or should I just sell them at a huge loss and just move on. My lawyer says he is entitled to half the farm and horses and has to approve the sale cost of them. I say he should pay half the costs then. Can I send them to a rescue?

Category: Divorce
Date: 04/07/2025
State: Pennsylvania

Answer:

The first step is to stay calm and focused. You're not alone in facing these challenges. Since you and your husband are in bankruptcy, it's essential to discuss how this affects the resolution of your farm and horses with both your bankruptcy and divorce attorneys.

Regarding the horses, consult your attorney about your husband's entitlements. Don't make decisions based on emotions. The board fees, which likely refer to the costs of maintaining the horses, are a matter that the court can address if necessary or can be included in your settlement agreement. If you reach a settlement with your husband, you can specify how the board fees will be handled.

Ultimately, consider discussing with your attorney the potential outcomes if you go to court. This information can help you make informed decisions about a settlement. It's crucial to approach this situation thoughtfully to achieve the best possible outcome.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if my spouse wants half of my horses during divorce?

If your spouse is claiming half of the horses as marital property, it's important to consult with your attorney about how to fairly divide the assets. You may need to negotiate terms for the horses' care and any associated costs, including board fees. Consider reaching an agreement that outlines how these costs will be shared until the horses can be sold or transferred. Document all communications and decisions to ensure clarity.

Can I send my horses to a rescue during divorce proceedings?

Sending your horses to a rescue can be a compassionate option, but it may complicate your divorce proceedings. Your spouse may have a claim to the horses as marital property, so it's best to discuss this with your attorney first. They can advise you on the legal implications and help you determine the best course of action that complies with your divorce agreement.

How can I handle board fees for horses during divorce?

Board fees for horses can be a significant expense during divorce. You should discuss with your attorney how these costs will be managed, especially since your spouse may be entitled to half of the horses. It may be possible to include these costs in your settlement agreement or request that the court address them if necessary. Keeping clear records of all expenses will also be beneficial.

What happens to my horses if we are in bankruptcy?

In bankruptcy, your assets, including horses, may be subject to division. It's crucial to work closely with both your bankruptcy and divorce attorneys to understand how your horses will be treated under bankruptcy law. They can help you navigate the complexities of asset division and ensure that your rights are protected during this process.