Engagement ring return

[gwolfson]

What is the name of your state?What is the name of your state? Delaware.

My wife & I separated on September 2, 2005. She moved out on September 25th. We've both decided there's no chance of reconciliation & only need to be separated six months in this state to file the initial divorce complaint.

We've agreed as to disposition of what little property we own, except for the engagement ring. I've read a thread that discusses that issue when an engagement is broken, but what would you think should happen in this case? The ring was originally given by my father to my mother in 1959 upon their engagement and the marriage lasted until my father's death in 1995. My mother gave me this ring to give to my wife, with the understanding that it would return to the family if our marriage didn't work out. After the marriage, my wife even mentioned the same intention to my sister-in-law (herself an attorney), but now refuses to return the ring. My intention is to return it to my mother, for her to give to the first of my nephews to become betrothed, as it's an heirloom.

Any ideas?

[brisgirl825]

To my knowledge an engagement ring is a conditional gift. In your case, the condition was met when the marriage took place, therefore it is hers to keep.

Perhaps others will help you on this.

[Bali Hai]

Originally Posted by gwolfson

What is the name of your state?What is the name of your state? Delaware.

My wife & I separated on September 2, 2005. She moved out on September 25th. We've both decided there's no chance of reconciliation & only need to be separated six months in this state to file the initial divorce complaint.

We've agreed as to disposition of what little property we own, except for the engagement ring. I've read a thread that discusses that issue when an engagement is broken, but what would you think should happen in this case? The ring was originally given by my father to my mother in 1959 upon their engagement and the marriage lasted until my father's death in 1995. My mother gave me this ring to give to my wife, with the understanding that it would return to the family if our marriage didn't work out. After the marriage, my wife even mentioned the same intention to my sister-in-law (herself an attorney), but now refuses to return the ring. My intention is to return it to my mother, for her to give to the first of my nephews to become betrothed, as it's an heirloom.

Any ideas?

Was the "understanding" to return the ring was in the form of a binding contract?

Why would you give a family heirloom to someone outside the family?

IF you get that ring back do not give it to anyone outside the family.

Are you aware that 50% of marriages end in divorce?

Smarten up!

If the ONLY thing you lose in the divorce is that ring, consider yourself LUCKY!

[LdiJ]

Originally Posted by gwolfson

What is the name of your state?What is the name of your state? Delaware.

My wife & I separated on September 2, 2005. She moved out on September 25th. We've both decided there's no chance of reconciliation & only need to be separated six months in this state to file the initial divorce complaint.

We've agreed as to disposition of what little property we own, except for the engagement ring. I've read a thread that discusses that issue when an engagement is broken, but what would you think should happen in this case? The ring was originally given by my father to my mother in 1959 upon their engagement and the marriage lasted until my father's death in 1995. My mother gave me this ring to give to my wife, with the understanding that it would return to the family if our marriage didn't work out. After the marriage, my wife even mentioned the same intention to my sister-in-law (herself an attorney), but now refuses to return the ring. My intention is to return it to my mother, for her to give to the first of my nephews to become betrothed, as it's an heirloom.

Any ideas?

Have you considered conceeding something else in the divorce in order to ensure that you get the ring back?

Otherwise, about the only thing that you can do is NOT make a property settlement agreement...and let that part of your divorce get decided by a judge. That doesn't guarantee that she will be ordered to return the ring to you...but its about your only chance of getting it back.

[BelizeBreeze]

The ring is her property. PERIOD.

If you want it back, offer her something.