Perhaps you and your spouse are considering filing for a
divorce. If you are a woman, one of the concerns on your mind may be whether or
not you are required to return your wedding or engagement ring back to
your husband. For women, a ring holds much sentimental value, and monetary
value as well. First off, there is a legal obligation by the court to
rule that a ring is considered to be marital property, and as a gift they
are most likely to give it to the recipient rather than back to the giver;
whether or not it was an heirloom or extremely expensive.
The engagement ring is going to be addressed a little differently in the
event of the relationship ending. Essentially, the court holds that certain
conditions must be met in order for the recipient to be entitled to the
engagement ring as property, and that means consummation of the marriage.
If the couple breaks up before they consummate their marriage, then the
giver of the gift may still be able to get back the ring. However, once
the marriage is official then it is considered to be marital property
and therefore a gift given to the wife.
In many cases, either with
equitable distribution or community property states, the court will rule that the spouse with
the larger earning capacity will be the one giving a greater settlement
to the spouse earning less; if this is the husband part of this property
will likely be the wedding and engagement rings, as it is. In the case
of an heirloom, it is usually up to the wife to determine whether or not
she wants to give it back to the family; this is a matter of choice rather than law.
In the event you are filing for a divorce,
contact Hopper Law Office today for the highly skilled Raleigh divorce lawyer you deserve on your side!