When an engagement is broken, a dispute may arise as to which party gets to keep the ring. In many engagements, one partner gives another an engagement ring to represent their intent to marry.
If a couple gets engaged and then breaks up before getting married, there are many different issues that may arise, including ownership of an engagement ring after a break up. Some of the more common disputes that arise related to engagement rings may include:
- Whether or not the engagement ring can be returned to the individual that gave it;
- Issues regarding engagement rings that are non-replaceable or are considered family heirlooms; and
- Disputes involving the valuation of the ring.
Because engagement rings can potentially be worth a lot of money, a dispute may arise over who gets to keep it if the couple breaks up. The answer to this question will hinge on the particular rules that apply in the jurisdiction and the engagement ring laws by state, which will determine whether the engagement ring is treated as a:
- Promise: Some courts consider an engagement ring as part of a promise to marry. In these cases, the giver of the ring may be able to keep the ring if the court finds the promise final upon marriage;
- Gift: Some states consider engagement rings a gift, meaning they immediately become the property of the recipient. They would then keep the ring in the event of a break-up; or
- Implied Gift: In these states, the court would choose based on which party was more responsible for the break-up.
When Is the Engagement Ring Considered a Gift?
Whether or not an engagement ring is considered to be a gift will depend upon the state the dispute arises in. There are some courts that hold that the ring is a gift.
This means that, even if the couple breaks up, the giver of the ring will not get the gift back. An engagement ring will be considered a gift if the following apply:
- Intent: The donor or individual who is giving the ring has the intent to give the ring as a gift;
- Delivery of Ring: The donor delivers the ring to the donee; and
- Acceptance of Ring: The donee accepts the engagement ring.
Montana is an example of a state that considers an engagement ring to be a gift.
When Is the Engagement Ring Not Considered a Gift?
Most state courts hold that the giving of an engagement ring is considered to be a condition for marriage. A condition gift means that, until such time as a future event occurs, the gift is not accepted or is not considered final.
If the future even never happens, the gift will revert to the giver, or donor. This means that, if the condition, or the marriage, does not occur, then the individual who gave their partner the engagement ring has the right to get the ring back.
The states that follow this conditional gift rule include:
- Iowa;
- Florida;
- Kansas;
- Michigan;
- Minnesota;
- New York;
- New Jersey; and
- New Mexico.
When Is the Engagement Ring Considered an Implied Conditional Gift?
In some states, an engagement ring is considered to be an implied conditional gift. This means that the return of this type of gift depends on which party was at fault for ending the engagement or breaking up.
These states are referred to as fault-based states. In fault-based states, the engagement ring is considered to be an implied conditional gift.
This means that, if one party breaks up the engagement, the other party is entitled to keep the ring since they did not cause the breakup. For example, if the woman who received the ring was at fault for ending the engagement and was the one who broke the engagement, the man who gave her the right has the right to get it back because he was not at fault for the engagement ending.
States that follow the Implied conditional gift rule include:
- California;
- Texas; and
- Washington.
What Is a Property Agreement?
In certain cases, an unmarried couple may enter into a property agreement. A property agreement is a legal document that outlines the property rights of each party.
Property agreements may be helpful for couples who have been together for many years but have not married. In these situations, the parties may have accumulated large amounts of property together and having a property agreement will outline how that would be divided in the event of their breakup.
In these situations, the engagement ring, or one that may be given in the future, may be listed in the property agreement. This can help eliminate disputes that may arise in the future regarding the ring.
If the parties still have a dispute or do not have a property agreement, suing to get an engagement ring back may be an option for recovery.
What if the Parties Cannot Settle the Dispute?
In some situations, the parties may be able to resolve their own issue of who gets to keep the engagement ring. For example, they may be able to come to a property agreement, as discussed above, or use alternate dispute resolution (ADR) methods, such as mediation to resolve the issue outside of a courtroom.
If the parties cannot reach a resolution this way, they may have to file a claim in court. If the parties go to court, the judge will hear the evidence regarding the disposition of the ring.
This may require the court to analyze certain factors, including:
- The length of the relationship;
- The price of the ring; and
- Whether the ring is unique or irreplaceable, for example, if the ring is a family heirloom.
In certain cases, the engagement ring issue will only be a part of a broader determination of the unmarried couple’s property rights.
What Other Factors Might Influence the Court’s Decision?
Although, as discussed agave, an engagement ring dispute is often based on fault or no-fault, there also other factors that may influence a court’s decision, including:
- Family heirloom: If the ring originally belonged to the family of the donor, the donee should return it because the donee no longer intends to join their family with the donor’s family;
- Special occasion: If the engagement ring was given during a special occasion, for example Christmas or a birthday, the ring may be treated like any other gift. Therefore, the ring belongs to the receiver, and they have no obligation to return it; and
- Prenuptial agreements: Prenuptial agreements are contracts made about property division before the couple is officially wed. Since the prenuptial agreement is a written contract, the agreement will supersede, or replace, the assumptions made from any oral agreements.
Do I Need a Lawyer for Assistance with Engagement Ring Disputes?
A property dispute, especially one involving an engagement ring, may be difficult to resolve. If you have any issues, questions, or concerns related to an engagement ring dispute or any other type of property, it is in your best interests to consult with a family lawyer.
Your lawyer can provide you with advice and representation if you have a dispute and need to file a legal claim to resolve it. The laws on these issues may vary by state, so it is important to have an attorney who can provide you with guidance according to the rules in your area.
