If our divorce is final,can my ex-husbandask for the engagement ring back?

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If our divorce is final,can my ex-husbandask for the engagement ring back?

He is saying that the ring was a conditional gift and that he deserves it back. Most answers have said that since we were married, it became my property and I get to keep it. Our divorce is final now and it was not addressed during the divorce. Am I legally obligated to give it back, or do I get to keep it?

Asked on August 11, 2011 Washington

Answers:

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

Answered 10 years ago | Contributor

An engagement ring is a gift given in contemplation of marriage. Therefore, typically 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. However, if the contemplated marriage does in fact take place, then the ring is considered to be an outright gift. Accordingly, it may be kept by the receiving spouse as their own separate property, even if they are at fault for the break-up of the marriage.

Exceptions to the above would be if the divorce degree stated that the ring had to be returned or there was a prior agreement between the parties that the ring would be returned in the even of divorce (this typically arises in a case where the ring is a family heirloom).

Assuming that none of the foregoing applies to your situation, the the ring is yours to keep free and clear.


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.

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