1 thought on “Do I need to return the diamond ring after divorce?”
Simon
Legal analysis: 1. If it is a dowry jewelry from the mother's mother, it is your personal property. 2. If it was sent by relatives and friends on the day of marriage, depending on the specific situation, there is no evidence to prove that the gift of the woman is usually processed according to the common property. 3. If it is a gift from the man's family, it is the personal property of the woman. 4. If the ring meets the man's pre -marital property when divorced, the man can ask the woman to give himself a ring. Legal basis: "The Code of the People's Republic of China" The following assets obtained by Article 1062 During the existence of the marriage relationship are the common property of the husband and wife, and the husband and wife are common: (1) salary, bonuses, and labor remuneration; (2) the income of production, operation, and investment; (3) benefits of intellectual property; (4) Inheritance or gifts The property of the property, except for the provisions of Article 1063, paragraph 3 of this law; (5) Other assets of the common subsidiary. The husband and wife have equal rights to common property. It thousands and sixty -third of the following property is the personal property of the husband and wife: (1) Pre -marital property of one party; ; (3) The property of only one party is determined in the will or gifts; (4) The dedicated daily necessities of one side; (5) Other assets of the sources of one side.
Legal analysis: 1. If it is a dowry jewelry from the mother's mother, it is your personal property.
2. If it was sent by relatives and friends on the day of marriage, depending on the specific situation, there is no evidence to prove that the gift of the woman is usually processed according to the common property.
3. If it is a gift from the man's family, it is the personal property of the woman.
4. If the ring meets the man's pre -marital property when divorced, the man can ask the woman to give himself a ring.
Legal basis: "The Code of the People's Republic of China"
The following assets obtained by Article 1062 During the existence of the marriage relationship are the common property of the husband and wife, and the husband and wife are common:
(1) salary, bonuses, and labor remuneration;
(2) the income of production, operation, and investment;
(3) benefits of intellectual property;
(4) Inheritance or gifts The property of the property, except for the provisions of Article 1063, paragraph 3 of this law;
(5) Other assets of the common subsidiary.
The husband and wife have equal rights to common property.
It thousands and sixty -third of the following property is the personal property of the husband and wife:
(1) Pre -marital property of one party; ;
(3) The property of only one party is determined in the will or gifts;
(4) The dedicated daily necessities of one side;
(5) Other assets of the sources of one side.