QUESTION
Will I get my diamond ring back from my son’s wife when they get divorce?
Asked on Feb 21st, 2014 on Divorce - Washington
More details to this question:
My son is getting a divorce. His wife has my diamond in her diamond ring along with 2 other smaller diamonds my son purchased. We hoped the ring would be used from one generation to the next. Legally, can I get my diamond back? His wife always stated she would return it if they ever divorced? Thank you.
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is not yours, it is hers. If she gives it back, it is a gift to you. You have no right to the ring.
Answered on Feb 25th, 2014 at 5:00 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You should first request in writing to the wife for the return of your diamond. Once the divorce proceeding have started then you should consider that the "bailment" of your diamond is over and that your diamond should be returned to you. If the diamond is not promptly returned you can consider filing a separate legal action against the wife for conversion and/or return of your property. If the wife's claims that the diamond is hers, then you may have to join the divorce action as a third party claimant and claim your diamond in the divorce case.
Answered on Feb 25th, 2014 at 4:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Return of jewelry is negotiable in the divorce. Probably cannot be ordered by the judge.
Answered on Feb 25th, 2014 at 4:50 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Generally, an engagement ring is considered a personal gift from the husband to the wife, as such it is not considered community property and won't be divided.
Answered on Feb 25th, 2014 at 4:40 PM
Legally it was a gift to her and so it is hers. Just ask for it. It has meaning for you and no longer has meaning for her.
Answered on Feb 21st, 2014 at 9:03 PM
Family Attorney serving Seattle, WA
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I doubt your daughter-in-law remembers her promise, so no. But if you have the promise in writing you might have a chance.
Answered on Feb 21st, 2014 at 9:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Legally the diamond was your son's gift to her. So no, she can return it if she wants but has no obligation to do so.
Answered on Feb 21st, 2014 at 8:59 PM