Is my about to be ex-wife entitled to the engagement ring?
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Is my about to be ex-wife entitled to the engagement ring?
I have been married for no more than 2 months. And now I am in the middle of filing for a divorce. But my soon to be, ex wife will not give back the wedding ring that I bought before the marriage, and is still paying for on loan.
Asked on July 18, 2010 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, the law in most states is that the wife gets to keep the engagement ring in a divorce. It is not considered marital property for distribution. If the marriage never took place most states have the woman give it back, but that is not true in all states.
If, however, the ring is upgraded or replaced during the course ofthe marriage it could be considered marital property. So if you started with a 2 carat and went to a 4 it could be up for distribution.
You, though, have a loan that you are paying for with now marital funds. That may through a loop in to the matter. Check with an attorney in your state to be sure. Good luck.
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