Hawkinsville, GA asked in Contracts and Civil Litigation for Georgia

Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

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1 Lawyer Answer
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN RULES IN THIS SITUATION. UNTIL THE MINOR ACHEIVES THE AGE OF MAJORITY (18 IN MOST STATES) THE MINOR WILL NOT BE ABLE TO ACT AS AN ADULT. IN THIS SITUATION, THE CHILD WILL NEED A TRUST CREATED AND A TRUSTEE APPOINTED BY THE COURT. OWNERSHIP OF THE HORSE WILL BE HELD IN THE TRUST AND THE TRUSTEE WILL HAVE CONTROL OVER THE TRUST (SUBJECT TO COURT APPROVAL). YOU WILL NEED AN ATTORNEY TO ASSIST YOU WITH THIS MATTER.

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