QUESTION
Is it possible to get property back after a divorce?
Asked on Oct 28th, 2014 on Civil Litigation - New York
More details to this question:
My father is in possession of my mother's engagement ring (a family heirloom in my mother's family), they are divorced so is there a legal way for her to get the ring back? Mind you he spends a lot of his time in Toronto and is not often in the states
1 ANSWER
What does the divorce judgment say about ownership of the ring, and how long ago was it entered? If the judgment states that the ring belongs to your mother (for example, if it provides something along the lines that each party shall retain the personal property they brought into the marriage) then your mother can enforce that judgment, unless she has waited too long to do so. There is no bright line test for what "too long" may be, as a number of factors must be considered.
Answered on Oct 28th, 2014 at 2:00 PM