Divorce and Separate Property: Who Keeps the Wedding Ring

In Oklahoma, the general rule is that gifts given during the marriage are considered separate property. This means that if your wife received a gift, such as a wedding ring, during the marriage, it is considered her separate property and she gets to keep it in the event of a divorce.

Similarly, if you received a gift during the marriage, such as a watch or jewelry, it would be considered your separate property. It’s important to note that there doesn’t need to be any specific wording or documentation stating that the gift is separate property, although it can help to have that evidence in case of a dispute.

Proving Separate Property

When it comes to proving that an item is a separate property in a divorce case, each party will testify about the circumstances surrounding the gift. If there is any ambiguity or disagreement, the court will ultimately decide based on the evidence presented. Evidence such as the source of funds used to purchase the gift or whose name is on the credit card used can help establish ownership.

It’s always best to be transparent and honest about the nature of gifts given during the marriage to avoid any confusion or disputes during the divorce process. If you have any questions or concerns about separate property in a divorce, it’s important to consult with a knowledgeable attorney who can provide guidance based on your specific situation.

Get Legal Advice Today

If you’re facing a divorce and have questions about property division, including separate property issues, don’t hesitate to reach out to a Tulsa men’s divorce lawyer for legal advice. Contact Clint Hastings, an experienced attorney in Tulsa, Oklahoma, who specializes in father’s rights. Call 918-962-0900 to schedule a low-cost consultation and get the guidance you need during this challenging time.