Who gets the horse in a divorce?

Dividing assets during a divorce is never straightforward, but for horse owners it brings unique challenges. Horses aren’t just items of property; they are living companions, business assets, and sometimes the heart of a family routine. As the courts begin to rethink how they treat animals in family law, equestrians must stay ahead of these changes to protect their interests.

Are horses and pets still considered as property?

Until recently, horses, like other pets, were treated by the courts as property. That is changing as courts are now looking beyond financial ownership and bringing welfare, care responsibilities, and emotional bonds into sharper focus. For equestrians, this is a game-changer.

In a recent 2024 case, FI v DO [2024], the court dealt with ownership of a golden retriever puppy in the context of divorce. The husband had contributed more financially to the puppy’s purchase, but the wife had been the puppy’s primary caregiver for 18 months.

The court looked beyond simple ownership and considered:

1. Who had been the puppy’s primary caregiver;
2. Which environment offered the puppy consistency; and
3. The emotional bond between the children and the puppy.

The court ruled in favour of the wife, not because she owned the puppy on paper, but because that arrangement best served the puppy’s wellbeing and the family’s needs. District Judge Crisp said:

“The legal authority to which I have referred provides assistance as to who has principally looked after the dog. Not who has purchased the dog, that fact in my view is not as important as who the dog sees as her carer…

“The wife’s evidence as I have set out was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter.”

While this case did not concern a horse, the ruling signals a wider shift in the family courts that could soon shape equestrian disputes.

What does this mean for equestrians?

Whether you own a single riding horse or manage a competitive yard, this legal shift means you can no longer rely solely on financial claims. Horses require daily care and significant investment, and often hold deep emotional value, especially to children. As courts move away from treating horses like inanimate assets, it is vital for owners to take proactive steps to demonstrate their role and protect their animals.

How do you safeguard your horse in a divorce?

1. Make a written agreement: Include your horses in prenuptial, postnuptial, or pet-nuptial agreements to specify who keeps the horse if the relationship ends. Agreements should cover ownership, financial responsibility for the care and upkeep, and future acquisitions of horses during the marriage. Whilst courts may not be bound by these documents, they increasingly consider them when determining who keeps the horse when the relationship ends. For high-value equine assets, including horses in a prenuptial or postnuptial agreement is one of the strongest ways to safeguard your horse.
2. Document your care: Keep records of all feed, vet bills, training fees, transport costs, and daily care. Photos, calendars, invoices, and even social posts can strengthen your proof of involvement.
3. Use a formal business structure: If your horse(s) form part of a commercial enterprise, such as breeding, training, or competition, consider holding them in a limited company or partnership. Placing them under a registered business can make ownership and financial obligations clearer in court.
4. Focus on welfare: Courts are increasingly attentive to what is best for the animal. Demonstrating that you provide the most stable, experienced care, especially when children are involved, can carry significant weight.

Whether you are married, planning to marry or are already facing separation, now is the time to plan ahead. If your horse matters to you, don’t wait for the courts to decide their future.

If you have questions or concerns about equine asset protection in a divorce or separation, please contact family lawyer Victoria Furlong.