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Who gets the wedding rings?

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LilLaLa69

Guest
What is the name of your state? MI

I was just married 11/8/03 but my husband filed for divorce on 8/27/04 because he just didn't want to be married any longer. I moved out of 'his' house (it was his before we married) on 9/16/04 and he informed me that he had a one-nighter 2 days later. When I left his house, I took my engagement and wedding band, which were appraised at just over $7000.00. Our court date for the final divorce is 11/5/04 (3 days before our 1 year anniversary) and he has filed a motion demanding that I return my rings to him. He paid for my rings and they have been paid in full since late last year. He insists that he has every right to my rings because we have not been married for one year yet and because he paid for them. Neither one of us has attorney's because this was initially completely uncontested and it was agreed that each party would keep their own personal property. Just this week he filed this amendment with the courts seeking the return of my rings. I thought they were mine since they were gifts. Am I wrong?
 


BelizeBreeze

Senior Member
LilLaLa69 said:
What is the name of your state? MI

I was just married 11/8/03 but my husband filed for divorce on 8/27/04 because he just didn't want to be married any longer. I moved out of 'his' house (it was his before we married) on 9/16/04 and he informed me that he had a one-nighter 2 days later. When I left his house, I took my engagement and wedding band, which were appraised at just over $7000.00. Our court date for the final divorce is 11/5/04 (3 days before our 1 year anniversary) and he has filed a motion demanding that I return my rings to him. He paid for my rings and they have been paid in full since late last year. He insists that he has every right to my rings because we have not been married for one year yet and because he paid for them. Neither one of us has attorney's because this was initially completely uncontested and it was agreed that each party would keep their own personal property. Just this week he filed this amendment with the courts seeking the return of my rings. I thought they were mine since they were gifts. Am I wrong?
The rings were a gift in anticipation of the marriage. The marriage took place. Tell your soon-to-be X 'thanks for the memories' ....and keep the rings.
 
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LilLaLa69

Guest
Thanks for your response! I've read several of your other replies to different posts and you really seem to know your stuff! Do you happen to know if there is a place that I can obtain hard documentation stating that the rings belong to me so that I can intelligently argue my case and supply this 'evidence' to the judge? I've tried the Michigan legislature website, but I haven't found anything yet.

Thanks again!
 

BelizeBreeze

Senior Member
I've read several of your other replies to different posts and you really seem to know your stuff!
It's an act. I'm really Ron Jeremy's body double :D

Do you happen to know if there is a place that I can obtain hard documentation stating that the rings belong to me so that I can intelligently argue my case and supply this 'evidence' to the judge?
Now why would I do that? The fun of litigation is in the digging and clawing for information.;)

Let this idiot file suit. Then, when he's done with his 'presentation' simply ask the court to have him produce any contract, pre-nup or other documentation that proves the rings were not gifts and that you did not fulfill your 'promise'.

Case Closed.
 
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LilLaLa69

Guest
I had my court date today for the amended motion and the judge seemed a bit surprised that my husband is asking for MY rings back. However, the judge advised me not to sell the rings, but we would review this issue further at the next hearing. My husband also is now asking for 3 other items that supposedly came up missing when I left; his mountain bike, a bike rack carrier for a jeep and a chainsaw. The bike and rack were purchased prior to marriage and the chainsaw was purchased during our marriage. The judge awarded the items to my husband, but also stated that since I do not have these items that these would also have to be included in the further review. He advised my husband to provide a monetary amount for the 3 items during the next review.

I'm a bit confused now, since I thought a decision on these items would have been made today. Now, this afternoon I received a call from the soon to be ex, stating that he wants to 'help me out'. He says that he wants me to come up with the money for the 3 other items (approx $1k) or give him the engagement ring back (valued over $6.5K) and he would drop everything so the divorce could finally be ended. He states that otherwise I will have to pay the $1K (for 'other items') plus $4k (1/2 the value of the engagement and wedding ring) since we were not married for a full year and he feels that he can prove that I did not financially contribute to the marriage (i.e. mortgage and taxes). Is any of this possible? I think he's trying to scare me, BUT, I have terrible luck in ALL situations. It's always Murphy's Law for me.
 

LdiJ

Senior Member
LilLaLa69 said:
I had my court date today for the amended motion and the judge seemed a bit surprised that my husband is asking for MY rings back. However, the judge advised me not to sell the rings, but we would review this issue further at the next hearing. My husband also is now asking for 3 other items that supposedly came up missing when I left; his mountain bike, a bike rack carrier for a jeep and a chainsaw. The bike and rack were purchased prior to marriage and the chainsaw was purchased during our marriage. The judge awarded the items to my husband, but also stated that since I do not have these items that these would also have to be included in the further review. He advised my husband to provide a monetary amount for the 3 items during the next review.

I'm a bit confused now, since I thought a decision on these items would have been made today. Now, this afternoon I received a call from the soon to be ex, stating that he wants to 'help me out'. He says that he wants me to come up with the money for the 3 other items (approx $1k) or give him the engagement ring back (valued over $6.5K) and he would drop everything so the divorce could finally be ended. He states that otherwise I will have to pay the $1K (for 'other items') plus $4k (1/2 the value of the engagement and wedding ring) since we were not married for a full year and he feels that he can prove that I did not financially contribute to the marriage (i.e. mortgage and taxes). Is any of this possible? I think he's trying to scare me, BUT, I have terrible luck in ALL situations. It's always Murphy's Law for me.
I am certain that he is trying to scare you. In the first place, you didn't take those items, he can't prove that you took the items, and it sounds to me like he is also seriously inflating their value.

In the second place, although the rings may have appraised at 7k, their worth, sold as used, is probably less than half of that, at best....and may be as low as the 1000.00 he is trying to get out of you. There just isn't a solid market for used rings.

In the third place, if you go to court on this there is at least a 50% probability that you will get to keep your rings, and won't have to pay a penny on the other items. Personally I think your chances are more like 80/20.
 

stealth2

Under the Radar Member
Actually, a good mountain bike could easily exceed $700 alone. A gas chainsaw runs around $300. Bike rack? Depending on the rack, $200 or more.
 

LdiJ

Senior Member
stealth2 said:
Actually, a good mountain bike could easily exceed $700 alone. A gas chainsaw runs around $300. Bike rack? Depending on the rack, $200 or more.
I realize they cost that much new...but wouldn't a judge look at actual value rather than replacement value?
 

stealth2

Under the Radar Member
You mean depreciated value? Replacement value would be what they cost to replace, no? So.... new. A lot depends on the equipment - how old is it, what did he pay for it all, etc. Noone can say what the judge would say. Same with the jewelry. What it appraises for isn't necessarily what it would sell for - most jewelry brings much less than the owners anticipate based on appraised value.
 

LdiJ

Senior Member
stealth2 said:
You mean depreciated value? Replacement value would be what they cost to replace, no? So.... new. A lot depends on the equipment - how old is it, what did he pay for it all, etc. Noone can say what the judge would say. Same with the jewelry. What it appraises for isn't necessarily what it would sell for - most jewelry brings much less than the owners anticipate based on appraised value.
Yes, I do mean depreciated value, I tend to avoid that term because that and I few others that I regularly use tend to make my family glassy eyed...lol.

I was still thinking of the OP's comments that her ex was threatening her with owing him 1000.00 for the stuff that is missing as well as 4000.00 for the rings...I just don't see that happening.

Laura
 
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Dixiechick91910

Guest
Sounds like he is trying to intimidate you. Don't let him do that to you. If the judge does make you pay the 1K back and you do not have the money at hand to do that, then file a motion and you can make monthly payments to him.

Good luck to you and keep those rings!
 
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bjpass

Guest
BelizeBreeze said:
The rings were a gift in anticipation of the marriage. The marriage took place. Tell your soon-to-be X 'thanks for the memories' ....and keep the rings.
I fully agree!!

I know this may sound silly but I have actually watched a similar case on Peoples Court . You know Judge Milian....lol Anyhow She stated basically what BelizeBreeze just said so I second that! The length of the marriage has nothing to do with anyone getting the rings. Not to mention if he is the one braking the marriage contract then he has no right. But I doubt it would be different if you had filed for divorce to be honest. Those rings are yours!
 

BelizeBreeze

Senior Member
stealth2 said:
Actually, a good mountain bike could easily exceed $700 alone. A gas chainsaw runs around $300. Bike rack? Depending on the rack, $200 or more.
What are you smoking girl? A really good mountain bike tips the scales at $4,000 alone. A good racing bike $10,000. And I wouldn't touch a chain saw for $300 without cutting of an appendage. Try upwards of $750. And I bought an ex girlfriend a new 'rack' but the cost was $14,000 and they felt GREAT!!!!!!!!!!!!!!!!!!!:D:D:D
 
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oreilly72

Guest
You know, I'd ride it out. But if you can remember what brand they are, I'd get on line fast and print out a pricing (low end estimate, naturally) for each. Worst case scenario, you'll have to sell the 7k ring to pay him the 1k and still come out 6k ahead. I wouldn't hang on for the lack-luster sentimentality of it, myself, that's for certain. Anyway, tell him thanks, but no-thanks. And should he be calling you personally??? :confused: Or do you not have any attorney's in the middle? With postentially thousands of dollars hanging in the balance, I'd think seriously about that.
 

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