My wife filed divorce, so can she keep the jewellry given by her inlaws or does she have to return it according to illinois law?
4 attorney answers
Sounds to me that the jewelry was a gift and so she could very well end up being able to keep it. You should consult further with a lawyer in your area. Many lawyers do not charge for initial consultations with prospective clients.
let me guess, you are from the indian culture? in most of those cases, the gold is an issue. in most of those, in my experience, she gets to keep it. it is a gift. but, as the others said, go consult with some lawyers.
It depends. If she can prove it was acquired by gift she may be able to claim it as non-marital property. You should go talk to a lawyer about the case. Many offer free consults.
All property acquired during the marriage is presumed marital (See section 503 of the IMDMA), however certain specific instances, such as family gifts, could be exempt. Complicating this is that there appears to be 3rd parties that want the property back. The court does not have jurisdiction over the 3rd parties, absent extraordinary circumstances.
So the short (and frustrating) answer is that you'd need to talk to family law attorney who can give you a few minutes to give more detail into what's going on. Best of luck and hope this helps.
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