When people want to get married, an engagement usually comes first and a ring is exchanged. At the time of the marriage, wedding rings and/or bands are exchanged during the ceremony. These rings are generally gifts from one party to the marriage to the other. When a divorce takes place, the question that often comes up is who gets the rings? In some marriages, these items are not in dispute. But in other divorces, one party might demand the return of the wedding and/or engagement ring.
In many of these cases, one party may feel as if they had to save and make a significant investment. Especially if the marriage is short in duration, they can feel as if the return on these items is poor.
The laws in each state can vary
The facts of every marriage are different. It is important for any party to consult with an attorney who can practice law in their jurisdiction.
Generally speaking, in a divorce, marital property and debt is to be divided in a just manner when considering all of the factors in a jurisdiction where equitable distribution is the law. But, there are exceptions for items that are classified as separate property.
One item that is generally considered separate property is a gift to a spouse. Generally speaking, wedding rings, bands, and/or engagement rings would fall under the gift exception.
So, a party might demand the return of these items during divorce. The reality is that in most situations, that does not take place unless one party agrees in the divorce resolution.
If you are going through a divorce or family law matter and have concerns about property division or other matters, you can call Stange Law Firm, PC at 1-855-805-0595.