‘Stop Horsing Around’ - Is The Family Horse An Asset In A Divorce And Who Maintains The Upkeep?

According to MSD Animal Health, there are approximately 374,000 households who own horses in the UK. They often become an integral part of the family unit, so when relationships break down questions regarding who will keep and maintain them often arise.

How are horses treated in family law?

Horses, and other family pets, are for most people, part of the family. Despite this, in the eyes of the law, the family pets are classed as a ‘chattel’. A chattel is personal property that is owned by the person(s) who bought it or received it as a gift.

In some cases, the court may consider the family ‘Horse’ to be a luxury and would consider it as an asset, particularly if the horse is of a certain breed/blood line or is or has been involved in professional racing.

They are also often classed as ‘an expense’ and this is to be considered in the context of the regular matrimonial expenses given the high cost of upkeep, maintenance and medical care.

How are they dealt with in divorce?

It is common in divorce cases that the non-equestrian spouse wants the family ‘Horse’ to be sold given their potential value and heavy financial burden.

The equestrian spouse may want to keep the horse but not consider that any financial exchange should take place in order to do so or may expect that ongoing financial contributions are made by the other spouse in order to maintain the upkeep.   

This can cause a significant amount of hostility between the parties and contribute towards what is already an emotional and stressful process.

Horses are often assumed to be of significant value. This is not always the case. A lot of factors determine the value of a horse such as the breed/blood lines, age and whether the horse has previously/or at present suffers from any health conditions such as Laminitis. 

What happens if they are not of significant value?

The best way to deal with this upon separation would be to come to an agreement. The value of the ‘Horse’ should be agreed between both parties. If a valuation is contested, like any other asset, a joint expert can be instructed to provide a valuation. A valuation may be significantly impacted by how the horse is bred, their breed, competing history and if there is any opportunity to breed.

It could then be discussed between parties as to whether the horse should be sold and how any proceeds should be divided or whether one of the parties keeps ownership of the ‘Horse’ and how this would be accounted for in respect of division of the overall assets. This would form a significant part of the negotiations between parties and it is important that expert legal advice is sought.

Who will be responsible for maintaining the horse?

This would depend on the facts of the individual case. In the leading case of S v S [2008], the Wife wished to keep her horses as she had become accustomed to that lifestyle provided by the Husband and the Husband throughout the marriage maintained the upkeep in order for the Wife to continue enjoying her hobby. Upon separation the Court noted that as long as the Husband’s income was sufficient to permit him to continue to finance an aspect of the Wife’s life that has been integral to the marriage, such an award was not unfair.

What if the horse belongs to or is the benefit of any children?

Again, if the family horse is of significant value then it may well  be treated as an asset and the above would apply.

However, depending on the needs of the party as set out at Section 25 of the Matrimonial Causes Act, the cost of up-keeping and maintaining could be incorporated into a maintenance order for ‘Horses’ or in any pre or  post nuptial agreements. This way the costs could be split between the parties.

If one of the parties has however maintained the cost throughout the marriage, then again the Court could order that, that party continues to fund the cost of the ‘Horse’ as long as their income allows them to.

How can I prevent a disagreement? 

The best way to protect assets and inheritance is to enter into Pre or Post-Nuptial Agreement. Whilst most individuals will only include certain assets and say an inheritance, there is no reason as to why you cannot include your Horse and have your companion ring-fenced. Therefore in the event that the marriage does not work out, you do not risk losing your companion.

Alternatively, most individuals come to an agreement between themselves perhaps using mediation.

Parties could draw up a contract between themselves setting out the arrangements for their Horse to include how the time is spent with each owner and/or the children

These agreements do not have to be long but should, for maximum protection, be drawn up by a specialist family lawyer.

International Element – What is France and Spain’s perspective?

We fully appreciate that to an owner of a ‘Horse’, it is more than likely to be regarded as a much-loved member of the family however, this is not how it is viewed by the Courts in England and Wales. France changed its law in 2014 so that pets were considered "living and feeling beings" rather than "movable goods". The new status meant that couples could seek sole or shared custody in divorce cases. Spain’s new law came into effect on 5 January 2022 in which they consider the wellbeing of the pet and state they are considered as ‘sentient beings’.

‘Horses’ are part of the family and we at Irwin Mitchell understand how much of a big part they play within your life. If you have any issues in relation to a family ‘Horse’ in your divorce or family law case, then do contact us at Irwin Mitchell where we can provide you with specialist advice and support you all the way.

We also provide specialist advice regarding Landed estates which involves tax and succession planning. If you require assistance in relation to Landed estates, please contact us on the following link: Landed Estates Lawyers | Irwin Mitchell