If you're going through a divorce in Texas, you may be wondering who gets to keep the wedding ring. The answer may surprise you. Under Texas law, the court will generally divide property between the spouses based on what is fair and just, taking into consideration each spouse's contribution to the marriage.
This means that the court may decide to give the ring to either spouse, depending on the circumstances of the marriage.
If you have any questions about your specific situation, it's best to speak with a Texas divorce lawyer to get advice tailored to your case.
Wedding Rings Are Community Property
Texas Family Law
Under the laws of Texas, a wedding ring is classified as community property.
This means that it is viewed as an asset - much like real estate, bank accounts or other possessions - which are shared by both parties during the marriage and must be divided equitably in the event of a divorce.
It does not matter who purchased the ring or whether it was given as an engagement or anniversary present. Furthermore, regardless of whether one spouse moves out, owns their own property, or whether one spouse makes all the decisions about finances and assets during marriage, the wedding ring still belongs to both spouses equally. If there are any questions about how community property will be handled in a divorce, it is important to seek legal advice to ensure everyone’s rights are protected.
Wedding Ring Divided Equally
Texas Marital Property Laws
One of the most important aspects of Texas divorce law is how it deals with the division of marital property during a divorce. According to state law, marital property must be divided equally between both spouses in a divorce, ensuring that each party gets a fair share.
A Texas divorce lawyer can help explain further how this law works and ensure that it is adhered to throughout the proceedings. This equitable distribution doesn't necessarily mean that each spouse will get exactly half of the equity, but rather an amount that is determined to be fair based on all relevant factors and situation-specific details.
Texas Wedding Ring Law - Exceptions
The typical rule for getting divorced in Texas is that at least one of the partners needs to have been a state resident for at least six months prior to filing the paperwork. However, there are some exceptions to this rule that can be explored with a qualified Texas divorce lawyer.
Depending on specific circumstances, you may be able to get an exemption from the requirement and proceed with the divorce sooner. An attorney can help you determine whether this applies in your situation and guide you through the legal process. Don't wait until it's too late - if this applies to you, take advantage of consultation services as soon as possible.
When Can Spouse Keep the Ring
If the Ring Was A Gift Before Marriage
When it comes to marital property, it's essential to understand the laws in your state when deciding who keeps what. In the case of engagement rings, there’s a distinct possibility that one spouse can keep the ring if they can prove that it was a gift from someone else other than their spouse.
Typically, state laws consider any presents given before the marriage as separate property unless they are specifically labeled as community property by both spouses. Being able to demonstrate that the engagement ring came from somewhere other than your partner can mean you will be able to keep yours regardless of divorce proceedings. With divorce proceedings being stressful enough as is, it pays to take action and investigate whether or not you have a chance at keeping your ring.
Ring Inherited, or Purchased Before Marriage
In Texas, engagement rings are subject to different property rights than most other items purchased before the start of a marriage.
If an engagement ring was given prior to marriage, the wife generally gets to keep it as her separate property - regardless of whether it was inherited or bought by one spouse before the marriage.
This means the ring cannot be split up with the rest of the marital assets during negotiations and decisions in the divorce process. Knowing this law up front can help make sure that expectations stay realistic when it comes time to divide up any shared property during a divorce negotiation.
Find Texas Divorce Lawyer Near Me
If you are considering filing for a divorce, it is important to consult with an experienced Texas Divorce Lawyer who can guide you through the process and protect your rights. The legal procedures for divorcing in Texas can be complex, so having someone with knowledge of state law on your side can make a big difference in the outcome of the case. An experienced lawyer will understand how the court system works and be able to advise you on the best strategies to pursue, as well as ensure that all relevant paperwork is filed correctly. With our help, you can navigate the legal proceedings confidently and secure yourself a more favorable divorce settlement.
In conclusion, the wedding ring is considered to be community property in Texas and will generally be divided equally between the spouses during a divorce. However, there are some exceptions to this rule. If one spouse can prove that the ring was a gift from someone other than their spouse or if it was purchased before the marriage, then they may be able to keep it. If you are going through a divorce in Texas, it is important to speak with an experienced divorce lawyer who can help you protect your rights and interests.
