Is my about to be ex-wife entitled to the engagement ring?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my about to be ex-wife entitled to the engagement ring?
I have been married for no more than 2 months. And now I am in the middle of filing for a divorce. But my soon to be, ex wife will not give back the wedding ring that I bought before the marriage, and is still paying for on loan.
Asked on July 18, 2010 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, the law in most states is that the wife gets to keep the engagement ring in a divorce. It is not considered marital property for distribution. If the marriage never took place most states have the woman give it back, but that is not true in all states.
If, however, the ring is upgraded or replaced during the course ofthe marriage it could be considered marital property. So if you started with a 2 carat and went to a 4 it could be up for distribution.
You, though, have a loan that you are paying for with now marital funds. That may through a loop in to the matter. Check with an attorney in your state to be sure. Good luck.
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.