QUESTION

Who owns the wedding ring after divorce?

Asked on Sep 19th, 2013 on Divorce - Idaho
More details to this question:
I was married for almost 18 years. My engagement/wedding ring at the time of the wedding was worth approximately $2000. At our 15 year anniversary, he did some changes to the ring, put in more diamonds, to the tune of approximately $6000 value. We were divorced a year and a half ago. He says he remembers me saying that he could have it (I do not remember that) he took it from my jewelry box when we were in the process of moving. He now does not want to return it to me. What is the law? Isn't it my property?
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8 ANSWERS

William M Stoddard
Initially the ring is a gift to you and never becomes community property. However, once you both invested community funds to change it, some of its value became community property. Now the question is what does your decree say. If you were awarded all your personal property or wearing apparel or something like those words, its is yours. He abandoned his share of the community when the decree was signed.? Now if it is silent on the issue, well after remembered community property interests sometimes have been grounds for reopening the decree to resolve the division of property. You have to judge his seriousness in his claim to determine how you can handle this. He might have a claim that would need to resolved if your decree was not correctly drafted.
Answered on Sep 24th, 2013 at 1:44 PM

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Generally the rings are considered a gift to the recipient and not subject to return or division upon dissolution.
Answered on Sep 24th, 2013 at 5:27 AM

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Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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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

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Criminal Law Attorney serving Columbia, MO
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In Missouri, that wedding ring is your non-marital property.
Answered on Sep 23rd, 2013 at 4:30 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You own it and should get it back from him unless he can prove you gave it back to him.
Answered on Sep 23rd, 2013 at 4:09 PM

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There is a huge difference between "I didn't say that" and "I don't remember saying that." If you are in divorce proceedings, and the ring is a contested issue, the court will make the decision as pertains to the ring. If the court considers the ring to be a marital gift, then the judge will likely rule in your favor.
Answered on Sep 23rd, 2013 at 3:09 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would have to look at the judgment but would guess, if it was not specifically mentioned, that it would be your personal property.
Answered on Sep 23rd, 2013 at 3:09 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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What did the divorce decree say? Did it say that your personal property belonged to you and his to him or did it allocate the property specifically? If the former, it should be yours and you can sue him for the return or the value of the ring. If the latter, that will depend on whether or not it was identified.
Answered on Sep 23rd, 2013 at 3:02 PM

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