Real and personal property that is owned by a spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse in Arizona, with few exceptions. Likewise, property acquired during the marriage is the community property of the husband and wife except for property that acquired by gift, devise or descent. acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. Of course there are gray areas, and instances of co-mingling that can come into play. In your situation, if the ring was a gift to you, as opposed to an investment, you may have a valid point. However, before you attempt to enforce your rights, you indicated that you are already divorced. You might want to have a family law attorney review your decree, as well as the current situation, to see whether the ring is mentioned. And you may want to consider that if you intend to enforce your rights you should do so without delay, or you may lose the opportunity altogether. You may already missed some processes or procedures that could have been available to you in an earlier time period.
Answered on Sep 24th, 2013 at 4:48 AM