Q: During a divorce can the husband ask for a ring back after they gifted it but are still paying it off?

A: There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage." [See FC 852] It's difficult to tell when the ring was given to you. Speak with a local attorney about your specific matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: In California, engagement rings are considered "conditional gifts" - meaning they're given with the condition of marriage taking place. Since you went through with the marriage, the ring legally became your property at that point, regardless of who is still making payments on it.

The fact that your ex-husband explicitly stated in an email that you could keep the ring strengthens your position significantly. This written confirmation serves as evidence of his intent to relinquish any claim to the ring, even though he continues to make payments. The ongoing payments are his responsibility as part of the financial obligations he took on, separate from the gift's ownership.

You have every right to sell or repurpose the ring as you see fit - it's your property now. The courts would likely view this situation in your favor, especially with the documented email confirmation. However, if you're concerned about potential legal complications, you might want to keep that email showing his agreement for you to keep the ring, just in case the matter ever comes up during divorce proceedings. Remember that while the legal aspects are fairly clear in your favor, maintaining good documentation is always helpful.