Marriage Separation - I've bought him out ***Resolved***

[Fringer]

My husband and I have recently separated

During our 16yr marriage, his parents unfortunately passed away and after his mum died, I was given the option to choose a piece of her Swarovski crystal which I have had in my possession for the last 4 years

Now the marriage has broken down and I have bought my husband out of of home and paid him a sum of money for the contents

He is now telling me I am not able to keep this item or crystal as it was his mothers. We have a shed full of all of her other collection which we inherited which I have said he can have it all - I would just like the one piece I chose

Is he right? The item is still in my house of which he still has a key until the weekend when he removes his clothes etc

Am I within my right to remove it from my house before he gets there tomorrow to collect his things as I know he will take it 

[citizenB]

Was this gift mentioned in MiL's will.. for example, did it say that you would be able to choose an item?  If this was the case, then I believe you would be entitled to keep this.

[Ethel Street]

I agree with citizenB.

 

Sometimes the Will states a specific piece of jewellery/valuables is bequeathed to someone. Then the Executors must give it to you. And then it's yours, end of. 

 

Sometimes a Will might say it's up to the executors  who gets the jewellery. But once that decision has been made  and the Swarokski piece has been given to you then it is yours. They can't change their minds later and take it back.

 

So yes, take it out of your house immediately and keep it safe with you asap.

 

The legal theory is all very well in cases like this, but who has possession of the piece is much more important in practice.

[Fringer]

When she died us 3 wives of her sons were offered to choose a piece from her vast collection. 

I chose this piece.

When I told my husband I wanted out, I asked if I could keep the piece and he said no. 
He still has a key to my house and I did say he could come whilst I am out to collect his things but I may just rethink that! 

[Ethel Street]

Do you mean that under the Will the Swarovski collection passed to the 3 sons and they allowed their wives to choose a piece each?

 

Apart from it sounding remarkably patronising of them I'd say that the sons became the owners of the Swaovski collection but your husband gave you one of the items as a gift. It's no different to any other gift he gave you, it became yours when he gave it to you. So unless he gave it to you conditionally ("this gift is conditional on us contiuing to be married and living together") he is not entitled to it back. That's just my opinion though, I'm not a lawyer or an expert.

 

Whether at this stage in your marriage it matters enough for you to have the argument only you can judge.

 

And although this isn't your question, in your position I'd see a solicitor specialisng in divorce and family law and get some advice generally about your situation. Separation doesn't necessarily lead to divorce but it's as well to get some preliminary advcie about your position now. Apologies if I'm saying something you are already doing.

[Fringer]

Thank you 

I asked him again if I could have it and he’s reluctantly let me keep it 

thank you all for your advice