Husband wants annulment/suing me for rings

[aegis]

What is the name of your state (only U.S. law)? Ohio


My husband and I are splitting after a month of marriage, he initiated the split. He is now going to sue me for the return of the engagement ring (he is still making payments on it) and the wedding band. Problem is, I don't have them. I took them off when I was in his house and that's where they were when last I saw them. I've looked and looked for them so I could give them back just to get him off my back but I can't find them. He wants an annulment. If we get our marriage annulled, making it like it never took place, would I then be legally obligated to compensate him for the rings? Or would they still be considered a gift to me? And what should I do?

 

[ecmst12]

The rings are yours. And why does he think he can get an annulment? Have you looked up the requirements for annulment in your state? Do you meet them?

 

[aegis]

Good point. I'm not sure if we qualify. He might come up with something to try to get me on fraud? Knowing him, he will come after me with anything he possibly can :/

 

[ecmst12]

It's very unlikely an annulment will be granted, they are not very common and generally pretty difficult to get. You should just file for divorce.

 

[justalayman]

get divorced. Let the court deal with ownership of the rings. I suspect the debt for the rings will go with the rings, whoever ends up with them.

 

[ecmst12]

I find it very unlikely that she will be ordered to take on the debt for a gift to her. An engagement ring is not a jointly owned asset and the debt is not a marital debt.

 

[sandyclaus]

Under Ohio law, unless there is an agreement to the contrary, the engagement ring is considered a conditional gift, given in contemplation of marriage. Since the marriage condition was met, then it would follow that the engagement ring is yours to keep. The wedding rings, I'm not so sure about.

I'm also wondering what happened to make your husband decide to end the marriage after only a month?

 

[justalayman]

Under Ohio law, unless there is an agreement to the contrary, the engagement ring is considered a conditional gift, given in contemplation of marriage. Since the marriage condition was met, then it would follow that the engagement ring is yours to keep. The wedding rings, I'm not so sure about.

I'm also wondering what happened to make your husband decide to end the marriage after only a month?

ya' all can say that all you want but a family court has ways of making things happen that wouldn't happen in any other court. If the husband sues in a regular court, I would agree with you but if this is dealt with in the divorce, I suspect it will be as I stated.

 

[LdiJ]

ya' all can say that all you want but a family court has ways of making things happen that wouldn't happen in any other court. If the husband sues in a regular court, I would agree with you but if this is dealt with in the divorce, I suspect it will be as I stated.

I have truly never seen that happen...in ANY divorce.

 

[tranquility]

I agree with justalayman, we don't know any facts here. What if there WAS fraud committed by the OP to the basic premise(s) of the purported marriage? Let your soap opera writing minds run wild with what it could be. Fraud is fraud if it gets a check from a mark or an expensive engagement ring from a foolish suitor.

That's not to say that is what has happened. It's just that we have no idea what did happen other than the OP's representation of the STBX's claim.

 

[Bali Hai]

ya' all can say that all you want but a family court has ways of making things happen that wouldn't happen in any other court. If the husband sues in a regular court, I would agree with you but if this is dealt with in the divorce, I suspect it will be as I stated.

Truer words have never been spoken. If the family court orders mango trees to grow on the summit of Mt. Everest, then by God you better make them grow.