Who Keeps the Engagement Ring?

One question family lawyers frequently receive has to do with the engagement ring and what happens to it if a couple, unfortunately, breaks up. Who gets to keep the ring? What ultimately happens to it? It’s a very expensive gift after all so you can understand both parties having an interest in it.

To answer this question, let’s create a sample scenario.

Tom and Jenny meet in high school and become immediate, inseparable sweethearts. They stay together through graduation and then into college. Tom eventually finds a way to transfer to Jenny’s University and they graduate together. After graduation, Tom proposes to Jenny with a dazzling ring he worked two jobs and saved for over a year to be able to afford. The two appear bound for a life of fairy-tale happiness.

However, six months into planning the wedding tragedy strikes and the two agree to call off the wedding. Things suddenly turn nasty, and Tom asks for the ring back.

Now, who would actually get to keep the ring in this situation? The answer to that question depends entirely on what this “tragedy” is.

For the first example, let’s assume that out of the blue one morning Jenny wakes up and is unhappy with her life and feels as though her relationship with Tom is going to inhibit her from reaching her life goals, which are entirely professional and career-oriented. After some considerable thought, she expresses her feelings to Tom, which results in a massive fight, ending in a full breakup.

In this situation, according to Florida law, Tom would be entitled to the return of the ring he purchased. Florida, along with many other U.S. states, has what is known as an “implied condition” law, which essentially states that the engagement ring is a gift given on the implied condition that marriage ensues. When marriage does not ensue, the giver is entitled to retrieve it from the receiver.

In Gill v. Shivley (1975) it was determined that the donor of an engagement ring may recover said ring if the donee calls off the engagement, or if the engagement is terminated by mutual agreement of both parties. However, this decision did not create any legal precedent for what happens when the donor calls off the engagement.

Calling Off The Engagement

Going back to our example, let’s say the tragedy that strikes is Tom meets a gorgeous young lady at work who he feels an instant connection with and begins to question whether he made the right decision dedicating his entire dating life to Jenny. After weeks of being troubled combined with the advances of his co-worker, Tom is finally convinced he has made the wrong decision and chooses to call off the wedding and the entire relationship, much to the devastation of Jenny and her family.

In this instance, there is no such claim for Tom to recover the ring, odds are the judge will rule that Jenny is entitled to keep the ring since it was the donor, Tom, who decided to call off the wedding and the relationship. In this instance, Jenny does not have to return the ring.

They Cheated And I Have To Do What?

Going back to our example for the third time, let’s say that the tragedy that struck our imaginary couple occurred just a few months before the wedding when Tom admitted to Jenny that he actually had cheated on her with an old acquaintance of theirs in the two-year period where she was away and before he transferred. This devastates and enrages Jenny to the point where she breaks off the engagement and ends the relationship.

In this instance, Jenny may still be required to return the ring. The reason for this is Florida is considered a “no-fault divorce” state, which means that in a divorce, conduct is not considered by the courts when making decisions regarding things such as property division. Therefore, even though the end of the relationship was technically Tom’s fault because of his infidelity, he would still be entitled to ask for the return of the ring. If the matter were to go to court, odds are he would be successful in his attempt to recover it.

After Marriage

Let’s take our imaginary couple a step further. Let’s say the tragedy doesn’t strike before the marriage but waits until a couple of years after the couple ties the knot in a beautiful, storybook wedding. This would dramatically alter the laws regarding engagement rings, now becoming almost impossible for Tom to recover the ring.

The reason for this is because the condition for the gift has been fulfilled. The condition on an engagement ring gift is marriage, and when Jenny and Tom were officially wed the gift is then considered to be permanently Jenny’s property. If the two then, later on, decide to get a divorce, Jenny would be entitled to keep the ring in almost every circumstance. In fact, it would likely be excluded from the property division process.

The only way Tom would be able to recover possession of the ring is if Jenny decided to forsake her claim to it. If she decides she doesn’t want it anymore as it’s a painful reminder of a relationship that wasted years of her life, then Tom would be allowed to ask for its return. This rarely happens, however, as rings are valuable and can often be sold to help cover expenses from a lengthy and difficult divorce.

If you or a loved one need assistance with a family law issue, such as recovering an engagement ring after the dissolution of a relationship, turn to Shiner Law Group for assistance. We have assembled a team of Boca Raton attorneys with decades of combined experience and knowledge that can work to put the law in your corner. We can help you protect your most valued possessions and come to a satisfactory conclusion that will help you restore your life to normal as quick as possible.

Get assistance with your case by calling the Shiner Law Group today at (561)777-7700.