September 22, 2009

How Do You Prove Ownership of an Animal in a Florida Divorce Case?

If you live in Jupiter or Wellington, then you are aware of the concentration of horse owners and riders in these areas of Palm Beach County. However, horse owners are distributed throughout Palm Beach County.

Like other family pets, horses are considered to be property and if determined to be marital property, they will be distributed by the courts in the equitable distribution of marital assets. As in all divorce cases, sometimes disputes over ownership of an animal may erupt during the proceedings. For instance, was the horse purchased before or after the commencement of the marriage or is the horse actually owned by the divorcing couple or by an outside person?

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To assist their clients, family and marital lawyers know that registration papers alone do not constitute proof of ownership. They understand that horses are not required to be registered in any particular place or with any particular registry. The purpose of such registries is to document the history and expansion of a particular breed of horses so that the organizations in charge of the registries can protect and promote that particular breed of horse. In fact, many horses are not registered at all.

The way to clearly evidence the transfer of ownership of a horse is to document the transaction with a purchase and sale agreement, followed by a bill of sale. Knowledgeable attorneys will look for these documents in a divorce case. Careful owners will require these documents during any sale or purchase of a horse. To learn more about this subject, please click here. My thanks to Attorney Alison Rowe and her Equine Law Blog for the information for this entry. 

 

Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorce in Florida, please contact The Law Firm of Charles D. Jamieson, P.A.The Law Firm of Charles D. Jamieson, P.A. or call 561-478-0312.

 

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