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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616-608-4634

  • Home
  • About Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
  • Family Law Services
    • Child Custody
    • Paternity
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Alternative Divorce Options
    • Mediation
    • Collaborative Divorce
    • Uncontested Divorce Process
  • Blog
  • Contact

Do I Have To Return My Engagement Ring and Wedding Ring If We Get a Divorce?

July 15, 2022 By Laurie Schmitt

You and your spouse have filed for divorce. And you each want to keep the engagement ring and wedding rings. So, who really gets to keep the engagement ring and wedding rings now?

WILL I BE REQUIRED TO RETURN MY ENGAGEMENT AND WEDDING RING?

In Michigan, you must return an engagement ring if you did not get married. Why? Because the engagement ring was as gift conditioned on the marriage taking place. So, if there was no marriage, the ring must be returned.

Wedding Ring and divorce

If the marriage took place, the engagement ring and wedding ring are considered gifts, and they do not need to be returned even though you are now getting a divorce.

It does not matter who was at fault for the marriage ending. The engagement ring is a conditional gift, conditioned on the marriage. If there was a marriage, then the condition was met, and you will not be required to return the engagement ring or wedding ring. These rings would not be divided during the divorce and would remain the property of the person who received them.

DOES IT MATTER HOW MUCH THE RINGS COST?

No. It also does not matter how much the engagement ring or wedding ring cost.  The same rules apply. The rings remain the property of the person who received them.

WHAT IF WE FINANCED THE ENGAGEMENT RING OR WEDDING RING?

If the engagement ring and/or wedding ring was financed, and a balance remains on that loan, then the loan follows the jewelry. This means that if there is still money owed on either of the rings, and you want to retain them, then you will be responsible for the monies owed on the ring(s).  Why?  Because of equity and fairness. Of course, you and your spouse can voluntarily agree to any arrangement you wish regarding the debt. However, most judges would say that if you want to retain personal property that is financed, then you retain the responsibility of the loan.

PROTECT WHAT MATTERS

Schmitt Law, PLLC will work hard to negotiate a divorce settlement that equitably divides your assets, with particular attention to the property that means the most to you.  We invite you to contact us today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Filed Under: Divorce

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503

Phone: 616-608-4634

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Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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