If Isell a family heirloom that was given to me during marriage, doI have to pay it backin ourdivorce?

When I got married to my husband he proposed to me with his family heirloom. Later he purchased another ring for me. Now he wants a divorce and he wants me to give back the family heirloom. I sold but he said that I need to get it back or he’s going to sue me. Do I have to do that or is the ring considered a gift?

Asked on February 28, 2012 under Family Law, New Mexico

Answers:

Daniel Bachet / The Bachert Law Firm, P.A.

Answered 8 years ago | Contributor

The engagement ring, assuming it was given to you prior to the marriage, would represent a premartial asset belonging to you and your Husband has no claim to it or its value either within the divorce or thereafter.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.