Legal Question in Family Law in California

Re: annulment

Very few marriages are actually eligible for annulment. Marriages that are eligible are of two types: void marriages and voidable marriages. Void marriages include incestuous and bigamous marriages. Voidable marriages include marriages where one party was a minor, or mentally unsound, and those based on fraud or force. Usually parties to an invalid marriage will not have the rights or obligations of parties to a valid marriage. The important exception are parties who had a good faith belief the marriage was valid.

Re the engagement ring: in a valid marriage, the ring would be considered a gift, and therefore your wife's separate property. If the marriage were invalid and she did not have a good faith belief in its validity, you might have a shot at getting it back.

Re: annulment

Just because she filed for nullity of marriage doesn't mean she's going to get it. She still has to prove one of the grounds for nullity of marriage.

In general, if a judgment of nullity is given, property that was acquired during the marriage will be treated as if it were community property and it will be divided by the court the same as if this were a dissolution of marriage.

Depending on the facts of the case, you might be able to make an argument to get the ring back, but it will probably be treated as community property. If you want it back, she will be given an offset against something else.

You should call an attorney for a consultation.