Legal Question in Family Law in California
if my wife committed adultery on our marriage. If I recall on our vouws was to be never cheat on each other can I keep the ring for that reason that she broke our agreement? Is the ring consider community property?
Asked on 8/13/09, 8:01 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
The conduct of your wife will have little to do with ownership of the ring. The general rule is that a gift to a spouse is separate property. You would have to prove that the gift of the ring was conditioned that she remain faithful to the marriage. That will be difficult to prove. Further the court will not likely agree that the ring is hers only during the time she if faithful to the marriage. Unless the ring is very valuable or has great sentimental value it will cost more to try and obtain it than it is wortk.
Answered on 8/13/09, 9:50 pm