Getting the Wedding Ring in a California Divorce
California’s community property laws influence the decision on which spouse keeps the wedding ring following a divorce. Here’s everything you need to know about getting the wedding ring in a California divorce.
There are no California laws that specifically deal with wedding rings in divorce proceedings. However, a majority of divorce cases have resulted in the recipient of the ring being allowed to keep the jewelry as though it were a legal gift. However, this is subject to change depending on the cost of the wedding ring and other case-specific circumstances surrounding a California divorce.
How Does Community Property Work in California?
Community property refers to any assets brought into a marriage by a spouse through means that do not include inheritance or gifts. California is a community property state, meaning any income received or spent during the course of a marriage is divided equally between both spouses.
Related: Community Property Laws in California
Separate property includes assets owned before the marriage. Separate property usually remains as the individual property of the initial owner following a divorce. Whether assets are considered to be community or separate property can require extra attention in particular circumstances – such as in cases where funds interact with community property.
Related: How Property Is Divided in a California Divorce
How Do Courts Decide Which Spouse Keeps the Wedding Ring Following a Divorce?
Preceding a wedding, wedding rings belong solely to the individual who bought the ring. Typically at wedding ceremonies, the ring is transferred from one spouse to the other. Despite this legal interaction, there are no California laws that regard the given ring to be a gift from one spouse to the other. However, a majority of divorce cases result in the recipient of the wedding ring being allowed to keep the band as though it were a gift. Jewelry gifted from one spouse to the other during the marriage (usually due to holidays, anniversaries, vow renewals, etc) is also typically considered to be a gift and thus belongs to the recipient of the present. More complicated cases that involve significantly costly jewelry can result in the gifts being considered community property during the assets division phase of divorce proceedings.
Who Gets the Engagement Ring if the Marriage is Cancelled?
California Civil Code Section 1590 states that once married, the engagement ring belongs to the spouse that received it prior to the marriage. Additionally, it mentions that if a marriage does not end up occurring, the engagement rings belong to the party who bought the ring. California law follows that engagement rings are not considered legal gifts and are handled differently than gifts given in marriage.
What Happens to Replacement Rings or Other Gifts Given in a Marriage
Courts may regard gifts given prior to marriage differently from gifts given during the marriage.
For example, California courts may not agree that a spouse who received a costly replacement wedding ring as a gift solely possesses that ring following a divorce. As a community property state, California mandates that paychecks are community property during the marriage. In turn, the ring became community property once it was replaced as shared finances were used for the upgrade. If a spouse wishes to be the sole owner of property in such a case, there must be written documentation clarifying this. In cases where gifted jewelry is not monetarily valued to a large enough scale, the recipient is typically allowed to keep it. Courts will evaluate the spouses’ assets to determine what qualifies the cost of jewelry to be substantial.
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If you have any more questions about getting the wedding ring in a California divorce, contact us. Get your free consultation with one of our California Property Division Attorneys today!