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Does Your Spouse Have to Give The Wedding Ring Back?

On Behalf of | Oct 26, 2017 | Property Division

Your marriage is ending. Dividing many of your assets seems clear: You can sell large items, like the home, and split the profits. You can split up smaller items between the two of you. Bank accounts and cash can be divided in half.

But what about that wedding ring?

After all, you gave your spouse the ring as a symbol of the marriage. You also spent thousands of dollars on it; this is a significant asset. It may be the most expensive thing you’ve ever given your spouse. Since the marriage is ending, can you get that back? You never would have bought it in the first place if you knew things would turn out like this.

While every case is unique, the wedding ring generally stays with the person who owns it. You gave it to your spouse as a gift, so you don’t own it. Typically, that means you can’t get it back.

There are a few reasons for this, but one of the biggest is that it’s not even marital property. You gave it to your spouse when you were just dating. It’s a premarital gift. Yes, your spouse did agree to get married in exchange, and that happened later. The ring is still not something you bought as a couple with your joint income.

Of course, there are certain situations that can change this. For instance, did you sign a prenuptial agreement saying the ring would go back to you in the event of a divorce?

In most cases, though, there’s very little you can do. As this shows, it’s crucial to know all of your legal rights when splitting up the marriage and your property.

Source: Huffington Post, “Give Me My Ring Back! (Who Gets the Wedding Rings in a Divorce?),” Natalie Gregg, accessed Oct. 26, 2017