Question
Hello, my husband's hybrid domestic cat (very expensive) makes messes constantly, brakes my property, pees, and poo's in virtually every room of the house and is unsafe around my newborn baby (has slapped him in the past and cannot be trusted around the baby- but with additional caution since I am not aware of another occurrence). My husband and I currently have serious relationship issues (not just related to the cat) and he does not seem to care enough for the welfare of my baby, or my quality of life to do something about his cat or comply with my request to remove it. I have asked him via email and in writing to remove the cat from the house, but he ignores me and does not. Two and a half weeks ago, I gave him notice and asked him to remove the cat within 2 weeks, but he did not. At the end of the two weeks' notice I responded in writing and said that I would have authorities remove the cat (that was over 4 days ago). How can I remove the cat legally? It is an expensive cat, and I don't want to be liable for its value, but am I forced to live with this cat until my husband moves out? Only my name is on the mortgage since my husband moved in with me before we married.
Answer
How very sad for this cat and what a complicated scenario. It’s too bad that all of you, including the cat, are living in such a stressful environment, an environment that could be contributing to the cat’s behavior. It may also be that the cat needs veterinary care (some litter issues are due to medical problems). It sounds as if your husband is a legal tenant (at the very least and possibly much more) and that you should be speaking with your matrimonial attorney regarding this matter. Generally n these situations, one spouse cannot remove the property and pets of the other spouse. Consider discussing with your husband boarding the cat with a veterinarian or foster care provider. In the meantime, remember that people who mistreat an animal or abandon an animal may be prosecuted, fined, and imprisoned. I hope this works out for the cat (and the rest of you).
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