My last post stated that our horses were considered property. This may not be news to most readers but you might ask why is it important? Property can be sold, leased, purchased, given as collateral, etc. There are a variety of statutes that govern personal property of the equine nature.The Texas Property Code and the Stablemans Lien (sometimes known as the Garagekeepers Lien) sets out the remedies for a stable keeper (barn owner or property owner) who has an abandoned horse on her hands. This may be because the horse really did just wander onto your property from somewhere else --if you live out in the country. In the Houston metropolitan area it is more likely that a barn owner has a horse on her hands because the owner could no longer pay the board and that is where the Stableman's Lien comes into play.
In the Family Law area, all property acquired during a marriage is considered community property and is subject to division upon divorce. So if during your marriage you or your Darling purchased horses, tack, a truck and trailer to haul said horses, breeding rights, and other equine related purchases-it is all subject to division in the divorce because it is all considered Property.
It might be wise to considered a prenuptual agreement if you have significant assets and you are considering marriage. If you have alreadt taken the plunge into matrimony and have a significant estate you might consider a post nuptual agreement.
Next time.. The Equine Activity Act amended in 2011