If I am selling a dog as a show prospect (I breed papillons, not yorkies, but it has nothing to do with breeds so I feel I can comment) and therefore it is sold on full registration my contract specifies that I will co-own until it finishes the AKC CH or is spayed/neutered, whichever happens first. My duties/rights as co-owner are limited to being involved in any decision to breed the dog. I do not have the right to physically keep the dog so long as the owner is following the requirements of our contract, and I don't have any obligation to pay for its care or showing fees. I will, however, provide free show handling for the dog but that really is not part of the co-ownership part. This is the same arrangement I have with the breeder of dogs that I have purchased-- she is on them as co-owner under the same terms. I have only bought/sold show prospects from/to people that I have had a long standing relationship with and so far no problems.
AKC will not register puppies from a co-owned bitch without the signature of all co-owners so it is one way to retain some control over whether a bitch is bred. Both co-owner signatures are not necessary to breed a dog, but my contract is very specific that regardless of sex I am to be involved in the decision to breed or not breed until the co-ownership is terminated.
Co-ownerships can be good or bad. You have to have a written contract in place specifying exactly what the owner and co-owner's duties, obligations and rights are, because just being a "co-owner" defines absolutely nothing. If you don't have a good, specific contract, co-ownerships can create a huge mess (I know, I litigated a dispute concerning a co-ownership for a client and it was bad). |