Horse Sale by Husband, Wife Demands More Money or Return of Property?

[sandyclaus]

What is the name of your state (only U.S. law)? OK

Wasn't QUITE sure where to put this one, but here goes.

Husband buys a horse from a private seller about two months ago. Decides to re-sell the horse recently to another person. The wife finds out that the horse was sold, and comes back to the new owner a few days ago, and demands to take the horse back because she feels that her husband sold the horse for less than what it was worth. At this point, she is willing to let the buyer keep the horse if he pays her the difference between the purchase price and what she feels the horse is worth.

Pertinent details:

The husband received a bill of sale from the person he bought the horse from, but never issued a new one to the newest owner at the time he sold it. I'm unclear whether or not a horse must be "registered" to a particular owner before he can be sold?

Wife is claiming she has rights to do what she is doing because she says OK is an "equitable distribution" state. I'm aware that this term comes into play when the two parties are divorcing and distributing property, but does that have any significance in the sale of property during the marriage? Do the husband and wife need to agree on terms to sell what could be considered marital property? Would either party (husband or wife) have the right to void a sale of marital property during the marriage if they didn't agree to the terms that the other spouse established for the sale? For that matter, would a spouse be able to change the terms of a sale they didn't agree with DURING a divorce because they feel they aren't getting the full value of the item sold?

 

[ENASNI]

huh

Isn't flipping horses illegal? or is that tipping cows. I gets confused sometimes.

 

[OHRoadwarrior]

It appears husband purchased horse and husband sold horse. Marital equity does not get assigned on every item in a marriage. New buyer should have obtained proof of purchase at time they bought from hubby. Wife should be told to pound sand.

 

[sandyclaus]

It appears husband purchased horse and husband sold horse. Marital equity does not get assigned on every item in a marriage. New buyer should have obtained proof of purchase at time they bought from hubby. Wife should be told to pound sand.

That's my thinking, too I'm looking for the legal conclusion here, so I'd like to see if there is a consensus from the members on this view as well.

 

[sandyclaus]

Isn't flipping horses illegal? or is that tipping cows. I gets confused sometimes.

I know what I'd like to flip right now, and it ain't horses or cows... :/

 

[OHRoadwarrior]

I know what I'd like to flip right now, and it ain't horses or cows... :/

Have you been talking to my wife?

 

[ENASNI]

Missed you too Sandy!

 

[LdiJ]

That's my thinking, too I'm looking for the legal conclusion here, so I'd like to see if there is a consensus from the members on this view as well.

I think that the answer is probably a maybe...Horses can either be a very high ticket item or a very low ticket item with all kinds of factors involved.

 

[sandyclaus]

I think that the answer is probably a maybe...Horses can either be a very high ticket item or a very low ticket item with all kinds of factors involved.

Regardless of the price of the horse, does that determine whether or not it requires the consensus between both spouses in order to sell one - especially if the spouse having a problem with it wasn't even involved in the purchase or resale to begin with?

 

[justalayman]

If I were the buyer, I would tell the wife to go after her husband for the money because she sure as Hell wouldn't get it from me.

I have found nothing that would allow the wife to make such a demand. Beyond that, wife isn't making an argument based on any equine sales laws anyway. She is arguing some BS argument about her have a claim in marital property. When she gets divorced, she can worry about such matters. Until then, husband has a right to engage in business without the permission or oversight of the wife.

 

[xylene]

The wife needs to take this up in the divorce.

She can't railroad the buyer because she and hubby are disagreeing.

 

[sandyclaus]

Just as I suspected. I was just wondering if there were some rule of OK law that would give the wife some rights in this matter, and it sounds like there aren't any.

Thanks for the input.