Rings and jewelry purchased during the marriage and given by one spouse to the other as a christmas gift anniversary gift renewal of vows etc. In many divorce cases which are the result of a couple simply growing apart the determination of who gets to keep the engagement ring and wedding bands is pretty simple.
The divorce and family law attorneys at bamieh de smeth plc have the experience and knowledge it takes to answer all of your questions about california engagement ring laws.
Who gets the wedding ring in a divorce in california. The person that received the ring as a gift gets to keep it and it is theirs to do with as they please. Some women choose to wear the new life ring on their right hand which traditionally means prosperity and independence. The important distinction between wedding and engagement rings is that the engagement ring is considered a gift that occurs before the marriage whereas the wedding rings are viewed as gifts during the marriage.
As divorce attorneys we are often asked who gets to keep the ring after divorce. Division of assets and liabilities in a divorce are governed by florida s equitable distribution laws. Sell the ring and go on a rejuvenating vacation.
Wearing the new ring or necklace can break the spell that divorce cast over your emotions. While the treatment of the original wedding bands as gifts isn t addressed by statute and the law in california is not settled in most cases the receiving spouse gets to keep the wedding band. This is contrary the popular belief that the bigger the ring the better.
Who gets to keep the wedding and engagement rings. Because california is a community and separate property state wedding and engagement rings are generally considered to be separate property. In a divorce case the court usually rules in favor of the person who received the ring not the individual who gave the ring.
Whether you have ended your engagement or have questions following your divorce our skilled advocates can provide guidance and effective representation. In california there is a law specifically addressing the problem of who gets to keep the engagement ring if a couple splits up before the marriage. Here s a quick rundown of the law regarding engagement rings in california.
Remember just looking at your wedding ring can send your heart back into breaking mode. In that situation the engagement ring belongs to the person who gave the ring. Keeping in mind the engagement ring s continued ownership in the recipient is conditioned on following through with the marriage when the wedding ring is presented to the recipient and the marriage is officially valid the wedding set becomes the separate property of that party and remains so in case of a divorce.
An engagement ring in california is considered a gift in contemplation of marriage cal.