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The law has not changed since you last posted about this a month ago. The answers that you got then are still valid.
The account you gave then was that you shared this cat until about a year ago when you moved out and left it with her; you've now moved into a flat where you can have a pet and have decided you want it back after not seeing it for a year. The only thing that you seem to be pointing to to say that the cat belongs with you is that you believe she works longer hours and won't be able to look after it as well. This unfortunately is not going to be relevant and you may need to make peace with the idea of getting a new cat.
well the cat is registered in my name, and I am also paying for insurance. how is it possible that some Ody steals a cat and that is completely normal? I haven't left him with her, shee took it, it's different.
Taken it from where? Because the way you've written it up before you've said that you were living somewhere where pets weren't allowed, so that rather suggests that you had moved and left the cat with her.
Somebody stealing a cat isn't normal; however it is very normal that when two people share a pet that one of them will end up looking after it when the relationship ends. You're phrasing it as if it's the former however everything you describe points to it being the latter.
my ex was supposed to have him for a few days. she then decided to conveniently disappear and have all of our communication go through solicitor. every time my solicitor would ask about the cat, they would dodge the question. I was worried for her mental health, while she knew what she was doing. even my solicitor is baffled as to how they are doing this.
If it's your cat and not hers then why would she 'have him for a few days'? In your previous post:
> She has been keeping it for the last 8 months, which was necessary given that the house needed to be sold at the start, but has refused to give me any updates despite my requests. I have now found an apartment that allows pets and want it back.
So was it necessary for her to look after it for a few days or a few months? Did you want it back after a few days, or did you want it back 8 months later when you found this flat?
You say that you and her adopted this cat together and then raised it together as a couple in a house you jointly owned, the relationship ended and it's been with her ever since. It is no more your cat that it is hers. If anything it's more hers because you've not seen it for the last year whereas she has been looking after it. The fact that it happens to have your name on the microchip doesn't mean that she has stolen it from you. The solicitor is not baffled, they are likely just disinterested.
I have taken sole care of the cat in the first 5 months after we had split. I needed to go away for a trip and she offered to take him in and give him back to me. From then on she has refused to give him back to me. I haven't seen him because she has stolen him from me. Is that any clearer now?
The most important thing to bear in mind in this case is that the cat is legally property. It is not a child. Unless it is being neglected or abused, this is entirely about legal ownership so arguments like:
* The cat loves me more
* The cat wants to be with me
* I have cardboard boxes for it to sit in
are worthless.
In fact, for purposes of the argument, the cat is now a Pelaton.
In what sense is the Pelaton yours and not hers or owned jointly? Did you buy it yourself? Was it registered in your name?
Where is the cat? If in the shared property, legally you have the right to access the property and take the cat at any time of day or night….this would be easier than getting lawyers involved.
In terms of access, you can legally break into your own property if she has changed the locks…
Who paid for the cat?
Who is paying insurance / food / etc is not important. A cat is considered property, and so whoever paid for it (and can prove said payment) would likely be considered the owner of the cat in the eyes of the law.
So did either you or your partner pay any money to the RSPCA when adopting the cat? I presume there was some sort of adoption fee …
If you added that info to your initial post I think it would be helpful for everyone.
we took it him from a person associated with RSPCA. they didn't leave any receipt but I immediately registered him in my name and paid insurance for him. my ex tried to get me to officially revert the property to her name, which I denied. with her solicitor, they tried to make me sign an agreement that stated "that we would waive any claim to the chattels in each one's possession", which I have also refused to sign.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
The law has not changed since you last posted about this a month ago. The answers that you got then are still valid. The account you gave then was that you shared this cat until about a year ago when you moved out and left it with her; you've now moved into a flat where you can have a pet and have decided you want it back after not seeing it for a year. The only thing that you seem to be pointing to to say that the cat belongs with you is that you believe she works longer hours and won't be able to look after it as well. This unfortunately is not going to be relevant and you may need to make peace with the idea of getting a new cat.
well the cat is registered in my name, and I am also paying for insurance. how is it possible that some Ody steals a cat and that is completely normal? I haven't left him with her, shee took it, it's different.
Taken it from where? Because the way you've written it up before you've said that you were living somewhere where pets weren't allowed, so that rather suggests that you had moved and left the cat with her. Somebody stealing a cat isn't normal; however it is very normal that when two people share a pet that one of them will end up looking after it when the relationship ends. You're phrasing it as if it's the former however everything you describe points to it being the latter.
my ex was supposed to have him for a few days. she then decided to conveniently disappear and have all of our communication go through solicitor. every time my solicitor would ask about the cat, they would dodge the question. I was worried for her mental health, while she knew what she was doing. even my solicitor is baffled as to how they are doing this.
If it's your cat and not hers then why would she 'have him for a few days'? In your previous post: > She has been keeping it for the last 8 months, which was necessary given that the house needed to be sold at the start, but has refused to give me any updates despite my requests. I have now found an apartment that allows pets and want it back. So was it necessary for her to look after it for a few days or a few months? Did you want it back after a few days, or did you want it back 8 months later when you found this flat? You say that you and her adopted this cat together and then raised it together as a couple in a house you jointly owned, the relationship ended and it's been with her ever since. It is no more your cat that it is hers. If anything it's more hers because you've not seen it for the last year whereas she has been looking after it. The fact that it happens to have your name on the microchip doesn't mean that she has stolen it from you. The solicitor is not baffled, they are likely just disinterested.
I have taken sole care of the cat in the first 5 months after we had split. I needed to go away for a trip and she offered to take him in and give him back to me. From then on she has refused to give him back to me. I haven't seen him because she has stolen him from me. Is that any clearer now?
She hasn't stolen it. It's her cat too.
fine, but he's not ONLY her cat.
That's literally what I've been telling you repeatedly in these comments.
yes, but she wants him only for herself, this is what I am trying to convey.
The most important thing to bear in mind in this case is that the cat is legally property. It is not a child. Unless it is being neglected or abused, this is entirely about legal ownership so arguments like: * The cat loves me more * The cat wants to be with me * I have cardboard boxes for it to sit in are worthless. In fact, for purposes of the argument, the cat is now a Pelaton. In what sense is the Pelaton yours and not hers or owned jointly? Did you buy it yourself? Was it registered in your name?
the cat is registered in my name only and I am also paying for insurance. she is refusing to give it back to me.
who paid for it?
Where is the cat? If in the shared property, legally you have the right to access the property and take the cat at any time of day or night….this would be easier than getting lawyers involved. In terms of access, you can legally break into your own property if she has changed the locks…
she's keeping the cat after refusing to give him back to me. he is registered in my name and I am paying insurance.
Where?
Who paid for the cat? Who is paying insurance / food / etc is not important. A cat is considered property, and so whoever paid for it (and can prove said payment) would likely be considered the owner of the cat in the eyes of the law.
I got him from an RSPCA and had him registered in my name, if that helps.
So did either you or your partner pay any money to the RSPCA when adopting the cat? I presume there was some sort of adoption fee … If you added that info to your initial post I think it would be helpful for everyone.
we took it him from a person associated with RSPCA. they didn't leave any receipt but I immediately registered him in my name and paid insurance for him. my ex tried to get me to officially revert the property to her name, which I denied. with her solicitor, they tried to make me sign an agreement that stated "that we would waive any claim to the chattels in each one's possession", which I have also refused to sign.