Legal Question in Family Law in Oregon

Re: Getting a family heirloom back from ex

Was the ring specified in the divorce decree (judgment)? If it was, you should be able to enforce the judgment. I would also be concerned about taping a phone conversation unless both parties are aware the conversation is being taped. My understanding is that it is illegal if it's an interstate call and it's also illegal in many states to tape intrastate calls without both informing both parties that the conversation is being taped. You should talk to a lawyer right away so that you also don't exceed any time limits.

Re: Getting a family heirloom back from ex

In California, the court will look at several factors in determining whether the ring is a gift. Intent is the biggest factor based on the circumstances. Usually a wedding ring is something that one intends to give freely to the other party without the expectation of the ring being returned in the event the marriage dissolves. In ascertaining the validity of a gift, the intent with which delivery was made is an important and essential element to be considered. Intention is a question of fact to be determined by the trial court from all the evidence, and the circumstances of the transaction and the words and acts of the donor enter into the establishment of the fact.

If you and your wife had an understanding during the marriage that the ring was only a temporary gift that "went with the marriage" that will have to proven in court. It appears as if through your wife's actions she has no intention of returning the ring. If that's the case, and you believe you have verifiable evidence of the understanding beteen you and your wife, you may have some grounds. Also remember in CA community property law does not apply to gifts (meaning a gift is the separate property of the person receiving it) so you do not even have a one half interest in the ring if the court finds that it is indeed a gift.