Are Wedding Rings Community 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.

Are wedding rings community property. Concerning wedding rings however various issues can make the matter more complex such as if the ring in question is a family heirloom of the opposite spouse. The wi courts consider a wedding or engagement ring a conditional gift in a divorce the person who purchased the ring will more than likely have the legal right to have it returned to him or her during property division. Unlike other pieces of jewelry a wedding ring s emotional value makes it a hot issue in many divorces. However the law rarely considers emotions when it comes to property division so your wedding and engagement rings typically are treated like any other property even if they are family heirlooms.

Engagement and wedding rings are gifts from one spouse to the other. Community vs separate property. However if the monetary value of the rings and or jewelry are substantial they may be considered as part of the couple s total assets in the event of a divorce. For instance this state operates under community property laws where marital property is split between spouses 50 50.

Because california is a community and separate property state wedding and engagement rings are generally considered to be separate property. In a listserv discussion among colleagues the topic of whether a wedding ring is marital property and the value should be divided between the parties it was obvious that courts in the 50 states deal with in different ways with this issue. In summary engagement and wedding rings are considered the separate property of the receiving spouse. If this is the husband part of this property will likely be the wedding and engagement rings as it is.

Mark johnson roberts family lawyer in portland oregon graciously has shared a published decision from oregon holding that the wedding ring is a gift. Considering the amount of money spent on engagement and wedding rings the issue of whether rings are marital property subject to equitable division has become a hotly contested issue during a divorce. The spouse who purchased the engagement ring may think that they have a right to have it returned to them especially if the marriage was brief. There are other property rules and issues that arise with wedding bands engagement rings that are upgraded during the marriage or other rings given after parties are married at a vow renewal for example.

So it s understandable that a man might want the ring returned to him if the marriage doesn t work out. In many cases either with equitable distribution or community property states the court will rule that the spouse with the larger earning capacity will be the one giving a greater settlement to the spouse earning less.