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Who keeps the engagement/ wedding ring when getting a divorce?

Tempe, AZ |
Filed under: Divorce

My husband and I have decided to get a divorce, but now he wants the engagement and wedding ring back. Not only that but he also wants all the jewelry that he has given to me over the course of our relationship as gifts (xmas, birthday, etc...) I dont want anything from him except to keep my ring.... who does it rightfully go to?

Attorney Answers 2

Posted

Generally speaking, if you had split up before the wedding, you'd have to return the ring, but since you did get married, the ring is considered a gift to you, and you are not obligated to return it. You are also not obligated to return any other gifts you received from him (or anyone else) during the marriage. I recommend you speak with an attorney to discuss your options and help you decide on the best course of action.

** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **

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Charles Gary Resnick

Charles Gary Resnick

Posted

I agree with the above as to the engagement ring. It is a conditional gift. Marriage satisfied the condition. You cannot be forced to return the engagement ring. Probably same is true as to wedding ring. As for other gifts during the marriage, generally they are completed upon delivery, HOWEVER, there may have been agreements/strings that attached at the time of the gift which could make that analysis less clear. As advised, it is best to consult an attorney where a full factual history can be taken and analyzed to provide a more performable response.

Posted

You.

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Marshall Anthony Rutter

Marshall Anthony Rutter

Posted

In California, an engagement ring is considered a gift, and it and all other gifts given to a spouse during marriage is the separate property of the person receiving he gift.

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