Can the other party ask for rings back?

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Can the other party ask for rings back?

Can the other party ask for the wedding set
back in the divorce.

Asked on April 29, 2018 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under the law, an engagement ring is a gift given in contemplation of marriage. Therefore, as a genral rule if the engagement is called off due to the fault of the party who has received the ring, then it must be returned to the giver (otherwise they can keep it). If, however, the marriage takes place, then the ring is considered to be an outright gift, as is the wedding band. Accordingly, they may be kept by the receiving spouse as their own separate property, and even if they are at fault for the break-up of the marriage.Exceptions to this would be if the divorce degree states that the rings must be returned or if there was a prior agreement between the parties that the ring would be returned in the event of a divorce. Assuming that this does not apply to your situation, the rings are yours to keep. That having been said, try to get legal representation in this matter. If money is an issue, try legal aid, the local countytstate bar assciaiation for free or low cost attorneys, or even a local law school legal clinic.


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