wannaflyhye (wannaflyhye) wrote in equestrian,

Legal question!!

I am in an equine partnership in South Carolina. There is no written contract nor agreement, only verbal conversations that were all mostly private with no witnesses. We purchased a horse in Feb of this year. We both signed the sale contract and the horse was paid for by her (my partner) with cash. The contract states the old owner has first buy-back option (right of refusal). We inseminated the mare and confirmed her pregnant in May by the former owners stallion. The stud fee was $200 paid for with cash at the time of purchase. I paid the collection fee and all vet bills (records available) as well as put training on the horse.
The second horse was networked to me by someone I had gotten horses from before. She was free, exceptionally well bred and whil slightly older still has at least two foaling seasons left in her. I have been doing all the communications with the former owner who is in europe. This mare was inseminated in june and confimred pregnant. The stallion fee was paid for by check by my partner but we both signed the contract. However, the former owner recently transferred ownership to me.
In the last month my partner has decided she does not want to be in partnership with me any longer and wants to split everything down the middle wherein i take one mare with in utero foal and she takes the other.
We have split food and farrier 50/50. I have paid for all medical expenses for both mares to be bred as well as regular dental, vaccines, tack, blankets, feeding management and training.
She has maintained the paddocks (cleaned out manure) and does one feeding per day. I do the other feeding as well as a midnight check/snack feeding.
Problems: we dont have 50/50 in each horse.
Recently the free horse was tranferred in my name. I own her. However my partner sees that she owns half because she paid for half of the foals costs.
The first horse purchased comes with a buy back (first refusal) from the former owner. Since i am essentially 'trading' or 'selling' my half of that horse to my partner (we signed the contract as one entity) is the first refusal void because it is the liquidation of a partnership? A partnership that has no paperwork of any kind backing it up?
This is not a fair trade as i am not leaving behind the horse i own (i have to leave the property where the horses are kept) so i must 'give her' my half of the other horse. But would the terms of first refusal still stand? Do i need to contact the former owner before i can do that?

Any advice would be super helpful!!!
Tags: advice
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