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March 01, 2019.
posted in Property Division

On behalf of The Law Office of Gustavo E. Frances, P.A.

Proposals to get married are so magical. We love to see them, we live to tell about them, and we make them very public. We have TV shows dedicated to someone getting proposed to like the Bachelor or the Bachelorette. When we see someone getting down on one knee every one knows exactly what is happening. It’s like a known body language. For example, on The Office the characters Jim and Pam finally get their romantic debut and Jim suggests that they move in together. Pam states that she doesn’t want to move in until she gets engaged. After which Jim suggests that it will be happening sooner than later. The new few episodes are comedic scenes where Jim goes to tie his shoes; therefore, getting on one knee. Pam thinks that every time Jim goes to bend down she may get a proposal.

Even in gay couples, instead of asking who asked who, people may say who got on their knee first? Bending on one knee is an act of endearment. While you are on your knee you are looking up to the one person you want to spend the rest of your life with. Or, so the story is supposed to go. Sometimes the engagement turns into a marriage, but not all marriages stick. Some marriages end in divorce, which leaves the question: who gets the wedding rings?

Property Division

Florida courts believe in the inequitable distribution of property. This means that the court attempts to make property division as equal as possible. In order to do this, the property must be divided into two categories: marital and non-marital property. Marital property is everything that was purchased or gifted while the marriage was active and legal. Non –marital property is all the property that was purchased or gifted before the marriage came together legally. For example, an engagement ring is considered a non-marital gift because it was given with the intent of marrying. The engagement ring, therefore, is an incomplete contractually obligated gift. Full rights of that ring will go to the owner when the marriage was finalized.

So, if you are not married then the gift should be returned to the person who gifted the ring, or else the contract is in breach. Because the wedding rings are considered marital, the courts see the marriage rings as inter-spousal gifts. Therefore, if the marriage is going through a divorce then the courts will ensure that each person is given at least one-half of the final monetary worth of the rings.

What To Do

Divorce can be complicated and messy. It can be long and drawn out. To try and keep the mess as little as possible and keep the divorce in a short time frame, you need a property division lawyer who knows what they are doing. Call 954-297-6546 or click here to start your conversation with our property division attorney at The Law Office Of Gustavo E. Frances, P.A. today.

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