The horse had been located at a particular stable for many years, when my mother in law had him. After the passing of my mother in law, my wife was not able to maintain his board payments at his then current location. My wife's aunt told her she would like to take him, but she'd have to move him closer to her. My wife agreed to let her aunt move him, and care for him, with the exception that my wife still has ownership over him.
Ownership doesn't necessarily imply liability. Essentially, when your wife's aunt signed the horse in, the aunt was acting as your wife's agent, but the aunt also offered to take over boarding payments, which is a form of consideration i.e. payment to take the horse?
Her aunt then moved him to another city, and signed him into a new boarding facility. Her aunt signed a boarding contract with the stables. Her aunt has defaulted on the payment, and my wife has since given up ownership to someone else who has taken over payments for him.
Both points complicate things. The contract was between the aunt and the stables, but your aunt's role was an an agent.
Question: Was your wife herself ever late on payments?
According to many third parties, the owner of the stables is going to try to take either my wife...
Your wife may be liable for back payments, but so long as whoever she gave up ownership to was informed the horse came attached with a liability, the new owner is responsible, not your wife.
Question: What agreement was made between your wife and the new owner? Did she sell the horse or simply give him away? The portion of boarding payments in arrears less than fair market value for the horse could be awarded to be paid by the new owner, but only if that was included in the agreement.
...her aunt, to small claims court. Although she never owned him, she did sign him in, so she may be liable for back payments.
Yes she may.
I have heard nothing from the stables itself, and I don't know if I will, considering
A) She didn't sign a contract with the stables. Her aunt did.
B) She doesn't have current ownership of the horse.
If the stables names her in a suit, you'll be hearing from them.
If I could afford a consultation, I would, but there's a reason we weren't able to keep the horse.
Check around. Some lawyers will have free consultations.
To recap (something for your own attorney), you should answer the questions above and include the following:
1. Copies of any and all written agreements between any and all parties (wife, aunt, new owner).
2. Receipts of any monies exchanged between the parties, including all boarding payment receipts. Cancelled checks would suffice.
3. I'd also shorten the above into bullets, as in:
- January 1, 2000: Wife inherets "Clyde" the horse.
- March 1, 2000: Wife realizes she cannot make payments.
- March 17, 2000: Wife concludes negotiations with wife's aunt concerning Clyde. Horse to be moved to Louisvill and boarded at Stable X for $500 a month. Wife's aunt agrees to pay 100% of all boarding costs, provided wife retains ownership. No written agreement was reached.
- March 19, 2000: Horse admitted to Stable X. For boarding agreement see Attachment A.
etc.
Good luck!