Roswell Divorce: Can I get my gift back?

Posted by William H. Sherman on Apr 01, 2015 | 0 Comments

Question:   I gave my wife a diamond ring for our 15th wedding anniversary.  It was quite large and very expensive.  But now we are getting divorced.  I gave her the ring about 7 years ago.  I would like to get the diamond ring back or at least get credit for the money that I spent on the ring.

Our divorce is because she is seeing another man, who is actually her tennis instructor.  I don't know if I can prove that relationship.  

She blames me for the bad marriage.  She said that I travel for work too much and that I drink too much and she accused me seeing prostitutes.

I won't go into all of those allegations now.  But I do want to know what I can do about the ring.  I think I could be paying for some serious child support, alimony and private school tuition.  So having that diamond ring back will help my financial position.

Can I get the ring back in the divorce?  I think that since we're getting a divorce she shouldn't keep the ring.

A.C. in Roswell, Georgia

Answer:   You are unlikely to be able to get the diamond ring back.  Gifts are difficult to get back.  Even if you can prove that your wife is involved in an adulterous relationship, that will not cause a judge to order the return of the ring.

Generally, when a gift is given, it becomes the property of the other person.

As a Roswell divorce lawyers, we have had this same question regarding gifts of art, books, guns, swords, fur coats, cars, photographs, watches, baseball cards and other collectibles.

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Need to get answers from a Roswell divorce lawyer?  We're here to help you 24/7.  Call us now at 678-215-4106. 

Take advantage of our lengthy and valuable experience as custody lawyer, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

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About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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