What happens to the ring after divorce?

UPDATED: Sep 30, 2022

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What happens to the ring after divorce?

My wife and I were married in
December of 2014 and are currently
going thru a divorce. I purchased a ring
and necklace for her during our
courtship and still currently owe on it. Is
it considered my property since I have
incurred all of the debt or is it no longer
mine since we got married and
everything is considered joint. I would
just like to try and get the ring back
without having to make payments on a
ring that is no longer in my possession.

Asked on May 17, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

In most states engagement rings are considered to be gifts given in anticipation of marriage; in other states they are considered to be gifts outright, whether or not there is ever a legal marriage. In either event, once a couple is legally married, the engagement ring (and wedding band) becomes the property of the person to whom it was given. That having been said, there can be an exception in the case of family heirlooms, however that isn't the case in your situation.

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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