Legal Question in Family Law in California
Marriage ring
I'm filing a divorce now. We have been separated for 2 years, and decided to file for a divorce. My lawyer is finishing the paperwork now.
My husband called me last night, and he said he wanted marriage ring back. He gave it to me when we got married. At that same time, I gave him a watch. He said that he wanted ring back; he would give the watch back to me instead. Do I have to give it back to him? Could you please give me the reason why or why not?
Thank you,
2 Answers from Attorneys
Reply: Marriage ring
In a general sense, a gift to one of you is separate property by definition, and a gift to both of you during the marital period is community property by definition. Since you are represented by legal counsel, you should ask your lawyer, as he or she may have more information available than that which you provided.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Marriage ring
No. It is a gift and is your separate property.