What happens to the ring after divorce?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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