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Under IL divorce law does hudband keep engagement ring after divorce IL community separate property law

Does the husband get to keep his wife's engagement ring after a divorce?

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if the woman asks for a divorce, does the man get to keep the engagement ring?
if the man asks for a divorce, does the woman get to keep the engagement ring?
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Attorney answers (2)

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Reputation Level 14
An engagement ring is a gift to the other party -- frequently one party will ask for it back as a way to hurt the other party. Emily Post was a lady who wrote extensive articles on the "polite thing to do." Her position was prior to the marriage occuring it depended who broke the engagement off -- if it was the man; then the woman kept the ring; if it was the woman she should return the ring. Married parties are different. Sometimes parties will agree that something like an engagement ring would be placed in trust for the children.
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Alan James Brinkmeier
Alan James Brinkmeier, licensed in Illinois

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Reputation Level 9
An engagement ring is a gift to the wife. Illinois is not a community property state. Rather, the court will characterize the property owned by the parties as marital property or non-marital property. A gift is the non-marital property of the person who receives it.
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Other answers (1)

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hgrisham

no, If you give something to someone/spouse, then it belongs to them. Who loans their spouse an engagement ring? It would be stealing if the one who gave the ring then took it back after a seperation or divorce.
6 people marked this answer as good

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