Question:
I purchased a diamond engagement ring for my soon-to-be-ex-wife with pre-marital assets.
It was given to her as a gift. However, at separation she gave the ring back to me, and I currently have possession of the ring.
Is the engagement ring treated as separate property or marital property?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Many states treat engagement rings as gifts given in contemplation of marriage. That being said, once the parties are married, the engagement ring is a gift of the person who has received it and it becomes their sole and separate property in the jurisdictions I practice in.
However, if in turn the person who has the engagement ring decides to “re-gift” the ring, I believe an argument could be made that the ring is now a gift given to you as your sole and separate property.
This argument may not work, but it may be a possibility depending on your jurisdiction and the skill level of your divorce lawyer.
Divorce Resources:
Based on the limited set of facts provided, it would be imperative to contact a family law attorney in your state prior to proceeding further if you are concerned about the disposition of assets.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
