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Legal Enigma
Legal Enigma, Attorney
Category: Legal
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Experience:  California trial attorney; civil litigation, business law, international law, family law
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Can I keep my wedding ring

Resolved Question:

Can I keep my wedding ring?
Submitted: 6 years ago.
Category: Legal
Expert:  Legal Enigma replied 6 years ago.
is this an engagement ring and you did not get married, or is this a divorce situation?
Customer: replied 6 years ago.
Was an engagement ring and then we used it as my wedding ring. Yes, we did get married and now this is a divorce situation.
Expert:  Legal Enigma replied 6 years ago.
Engagement rings are considered conditional gifts. The condition is marriage. If you did get married, then it is yours, as your own property and you should have no problem keeping it.

In some situations, courts have construed the ring to be such a big asset, that it was an "investment" and then it would be marital property. This is a rare occasion, but worth knowing, if the ring is so expensive that it is a good part of your marital estate.

Please let me know if I can be of further help.

Please click ACCEPT now, so that I may get credit for this answer. We can still communicate after you click Accept. I appreciate a positive feedback.

The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Customer: replied 6 years ago.
The ring is appraised at 40K, however, my husband owns a jewelry store. I left ALL furniture, kitchen items, bedding, etc. I took separate property, and one bench that was community. Does that make a difference?
Expert:  Legal Enigma replied 6 years ago.
Yes, it makes a difference, in the sense that value is determined by the relative percentage as compared to the estate. For example, a court may be more prone to consider a 40K ring in a 60K estate as an investment, whereas a 40K ring in a 2M estate would probably not be that significant.

if it's contested, it really boils down to the decision of a judge, but you'd have an argument either way. You'd have a stronger argument the more the marital estate is worth.

Please click ACCEPT now, so that I may get credit for this answer. We can still communicate after you click Accept. I appreciate a positive feedback.

The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Legal Enigma, Attorney
Category: Legal
Satisfied Customers: 206
Experience: California trial attorney; civil litigation, business law, international law, family law
Legal Enigma and 11 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
The community property is minimal, however he owns two businesses and his house is valued at 300K.
Expert:  Legal Enigma replied 6 years ago.
Depending on the length of the marriage, you may be entitled to claim part of the value of the businesses and the community contributions towards the house, if it had a mortgage.

Just to give you an example, I recently had a client whose ring was approximately 10% of the estate, and it was deemed her separate property at trial. Of course it depends on the judge. I wish I could give you a cutoff value on that, but unfortunately the law does not work that way.

-----
The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Customer: replied 6 years ago.

The marriage is only 5 months, neither has filed yet, but I have relocated. I am not interested in any of his businesses and/or house, either way. I am an "employee" of one of his businesses which he has cut my hours by less than 1/4 (normally 64, now 20) and that is where I have my health insurance...as an employee...not a spouse.

 

Based on that info, he was having an affair with one of the employees that I recently hired. I can only prove the flirting that was going on in front of me...not the actual affair.

 

 

 

Expert:  Legal Enigma replied 6 years ago.
I would suggest you retain an attorney, especially if you are trying to prove adultery as divorce grounds.

Your interest in the business would give you a cash "buy out" amount. You would not have to be involved in the business itself. Of course with such a short marriage, you might not have a big interest.

As far as the ring, I am not trying to scare you. Remember that in most instances it's considered a gift. I just mentioned the exception so that you'd be fully informed.

-----
The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Customer: replied 6 years ago.
Thank you for your help. I really only want a paycheck/health insurance until I find a full time job and my ring..... and the bench I took from his house. That's it. And then I never want to see him again. Oh, yes, one more thing....he is a convicted felon on probation from CA that TX is supervising.....(THEFT)
Expert:  Legal Enigma replied 6 years ago.
You are very welcome.

What you are wanting sounds very reasonable. If he agrees, great. If not, don't be too quick to give up what you may be entitled to, because you can use it as leverage when you negotiate with him (even if you really don't want it).

Ultimately, look at it this way, you got out after just 5 months and not 5 or 15 years!

Good Luck.

-----
The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Legal Enigma, Attorney
Category: Legal
Satisfied Customers: 206
Experience: California trial attorney; civil litigation, business law, international law, family law
Legal Enigma and 11 other Legal Specialists are ready to help you

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Legal Enigma
Legal Enigma
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California trial attorney; civil litigation, business law, international law, family law