Diamond & Jewelry News, Advice and Prices for Consumers
Diamond & Jewelry News, Advice and Prices for Consumers
May 25, 2010
The wedding ring belonged to his great grandmother and I think his mother is pressing him to get it back so that it stays in the family.
February 9, 2012
I think family heirlooms should be returned.
Here's my story:
May 30, 2010
In this case the decision is actually up to the courts, there isn't really a cut and dry answer. In similar cases, courts have most often decided in favor of letting the donee (the wife) keep the wedding ring, though some cases have been decided in favor of the donor (the husband, in this case).
If the wedding ring wasn't a family heirloom, the court most often deems that the wedding ring was a conditional gift and the conditions were fulfilled (the couple was married so the original conditions were satisfied regardless of the fact that the marriage was eventually dissolved), therefore the wedding ring remains the property of the recipient spouse. If the wedding ring was given to the recipient spouse prior to the wedding, it is considered non-marital property and the law declares it the property of the recipient spouse. However, if the ring was given to the wife after the consummation of the marriage or if it was purchased out of joint marital funds, the courts usually decide that the ring IS marital property -- but awards it to the recipient spouse anyway, as part of her share of the marital assets.
When the ring is a family heirloom, however, the case becomes a little more complex. If the donor spouse can prove a high sentimental value attached to the wedding ring, the courts might decided this outweighs the value the ring holds for the wife, and consider it the donor spouse's share of the marital property. Generally, in divorce law, gifts and inheritances are made to remain with their intended recipient. In this case, the wife is the gift recipient but the husband is the intended recipient of the inheritance – and the court will consider to whom the wedding ring holds a greater sentimental value.
Engagement rings are a different story. They are also considered conditional gifts, and if the conditions weren't fulfilled – ie, the marriage never took place – then the woman is required to give the engagement ring back. However, the court also takes into consideration whose fault the break-up was. If it was the husband's fault, the court sometimes lets the wife keep the ring. If the wife broke off the engagement, she usually has to give the ring back.
Anyway, your husband may be right in this case. You should consult your lawyer for a better assessment of the situation.
May 28, 2010
I think that regardless of the law, you should probably give the wedding ring back. The ring probably means a whole lot to his family, and it would be very meaningful for them to get it back. Maybe you can work out with your lawyers that your husband gets the wedding ring but you get something else of equal financial value (or money) instead. You probably won't wear your wedding ring anyway once you get divorced, so it's not really fair to just let it sit in a drawer collecting dust. I think its bad karma to hold onto it.
