Are you as sick and tired as I am about hearing Jake Pavelka and Vienna Girardi talk about their split? Ugh, these two are only after publicity, just like Heidi and Spencer, but not as bad (yet). Why would you want to broadcast the details of your relationship/split to the media if you did not have some ulterior motive? Imagine all the dirty laundry that would result had these two gotten married and divorced years later? At any rate, one issue that comes to mind after Jake and Vienna’s split is what happens to Vienna’s 2.72 carat Neil Lane engagement ring? According to reports, Neil Lane himself believes the ring will be returned to Warner Brothers.
From an Orange County Divorce lawyer’s perspective and in the event Jake and Vienna did get married and later divorced, the disposition of the engagement ring upon divorce would be different. An engagement ring given to the bride would ultimately become the separate property of the bride. Afterall, it is a gift. For the most part, any gifts given by one person to the other during marriage will be the recipient’s separate property, unless otherwise provided in writing. So, if the husband tries to allege that he should get the ring back, his grounds will likely be invalid unless he has a premarital agreement in place or something in writing stating that the engagement ring should be returned to him upon a divorce. With that said, as a general rule, the engagement ring should remain with the recipient unless the recipient deems it only fair to return it. .
For more information on how to dispose of assets during a Los Angeles County or Orange County Divorce, please contact a Costa Mesa family law attorney.