If an engagement ring of significant value was purchasedafter marriage, is it possible for it to be considered community property?

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If an engagement ring of significant value was purchasedafter marriage, is it possible for it to be considered community property?

Asked on August 3, 2010 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Property acquired during marriage is community property.  Property acquired before marriage or after the marriage ends is separate property.

You may be able to argue that the engagement ring is community property if purchased during marriage.  I assume that "after marriage" means during marriage.  The source of the funds used to purchase the engagement ring is also a determining factor.  If the funds used to purchase the engagement ring are community property, then the engagement ring would be community property.  If the funds used to purchase the engagement ring are earnings during marriage, then the funds are commmunity property.  The source of the funds and the acquisition during marriage will strengthen your argument that the engagement ring is community property and will rebut the argument that a gift may be considered separate property of the recipient.


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