Who gets the engagement ring in an IL divorce?

Asked almost 4 years ago - Green Oaks, IL

My husband of 15 years stole my engagement ring and said it is marital property,

Attorney answers (2)

  1. J. Richard Kulerski

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Engagement rings are the property of the wife if the marriage takes place, or if the marriage was not cancelled by her.

    This is definitely the law in IL.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . In Illinois "...In the absence of a contrary expression of intent, it is logical that engagement rings should be considered, by their very nature, conditional gifts given in contemplation of marriage. Once it is established the ring is an engagement ring, it is a conditional gift."
    Kansas Heiman v. Parrish, 262 Kan. 926, 942 P.2d 631, 634 (1997) See, Illinois See Vann v. Vehrs, 260 Ill. App. 3d 648, 633 N.E.2d 102 (1994). Since the marriage was fulfilled, the gift is no longer conditional.

    http://www.kscourts.org/Cases-and-Opinions/opin...

    Other courts have reached a similar conclusion on the conditional gift concept.

    California See Simonian v. Donoian, 96 Cal. App. 2d 259, 215 P.2d 119 (1950);
    Connecticutt See White v. Finch, 3 Conn. Cir. Ct. 138, 209 A.2d 199 (1964);
    Florida See Gill v. Shively, 320 So. 2d 415 (Fla. Dist. App. 1975);

    Check with a lawyer in your locale to discuss more of the details. The law changes constantly.

    Good luck to you.

    God bless.

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