Is an Engagement Ring a Gift? Engagement Ring Laws by State
When you divorce or end an engagement, your first thoughts probably aren’t about a piece of jewelry. Still, as you and your former mate sort out the details of your separation, the jewelry representing your partnership will likely come up.
Often, engagement rings are presented as a type of gift. But, is an engagement ring a gift in the same way that a birthday or holiday present is a gift? Not really. While other gifts are simply meant to honor milestones, engagement rings represent an intimate agreement.
This article will explain the legal status of engagement rings and go over some engagement ring laws by state. We’ll also outline options for what to do with jewelry after a divorce or breakup, and how a family law attorney can help you through the legal aspects.
Engagement Ring Laws by State Can Vary Widely
Who gets to keep an engagement ring after divorce or if the wedding is called off? It depends on what state you’re in, and the specifics of your situation.
In the case of divorce, the ring typically remains the property of the person who received it. Since the wedding happened, and the engagement ring is perhaps soldered to a wedding band, it’s considered the recipient’s personal property.
But what about if an engagement ends before the wedding? Is an engagement ring a gift or part of a contract? Most states consider an engagement ring a “conditional gift,” which means it’s a gift, but with a condition: getting married.
If the marriage doesn’t happen, the ring goes back to the person who gave it to the other. If the person who received the ring sold it, they’ll owe the sale money to their former spouse-to-be.
However, some states consider engagement rings “unconditional gifts,” meaning once they’re given, they belong to those who receive them. Some states also look at fault for the broken engagement – the person who ended the agreement must let the other person have the ring.
In California and Washington, an engagement ring is a conditional gift and, until the wedding, is legally the property of the person who gave it (sometimes called the “donor”).
At the same time, courts in both states might weigh the factor of who broke off the engagement and why. So, is an engagement ring a gift if the donor breaks off the engagement? In that case, they may have to let the recipient keep the ring and do as they wish with it.
You can check out more information on engagement ring laws by state.
Is an Engagement Ring a Gift? Or Is It a Contract?
In just about any other situation, gifts and contracts are fully separate things. Gifts are given without conditions and immediately belong to recipients. Contracts, on the other hand, are legal agreements with expectations of both parties.
While the legal status of engagement rings varies between the states, they are most often considered gifts with contractual aspects. The ring is a gifted symbol of the contract, and returns to the original owner if the contract (marriage) falls through.
As mentioned earlier, there are different engagement ring laws by state. Some states that view engagement rings as conditional gifts also care who broke the contract. If, for example, the person who gave the ring breaks the engagement due to a change of heart, they might have to let the other person keep the ring.
Generally, if the couple goes on to get married, the ring becomes the property of the person who received it. However, if you and your spouse decided to “upgrade” rings sometime after the wedding, the original ring might then be considered marital property to be split 50-50.
When is an engagement ring a gift and when is it a sign of a contract? Working with an experienced family law attorney can help you navigate this process as smoothly as possible.
What To Do with the Engagement Ring After Breakup
Once engagement ring rules are settled, and you find yourself with a ring that no longer symbolizes your future, you may feel conflicted about what to do.
From a practical standpoint, the ring is likely worth some money. If you’re dealing with a broken engagement, selling it might alleviate some financial pressure after a canceled wedding and other expenses.
From an emotional standpoint, that small piece of jewelry carries a lot of weight. Depending on your feelings about your situation, you may find it useful to keep and eventually repurpose.
A Guide to Jewelry Ownership After Divorce
Once the wedding happens, and the condition of the engagement ring is fulfilled, the ring belongs to the person who received it. Same goes for any jewelry gifted during the marriage, such as high-end necklaces and watches.
If you’re not sure who owns what jewelry after a divorce, consult your prenuptial agreement if you have one since engagement ring laws by state vary greatly. Or, consider working with a family lawyer to ensure you and your former spouse are on the same page about what’s allowed.
If you’ve given or received valuable jewelry during the course of your relationship, what do you do with that jewelry when you divorce?
Assuming you own the ring or other piece of jewelry, you can do whatever suits you best. Some of the more common ideas include:
- Sell the jewelry: If you have no interest in keeping the jewelry, selling it to an individual or shop gets it out of your life and comes with a monetary boost.
- Repurpose the stones and metal: Turn a wedding ring into a symbol of moving forward by having it professionally redesigned and remade into a totally new piece. In fact, there’s a growing industry for so-called divorce rings, and ideas for redesigning wedding rings.
- Donate the jewelry: Whether it’s for someone who can’t afford their own important jewelry or to support them financially, donating a wedding ring can turn an unfortunate situation into a new beginning for someone else.
- Keep the jewelry: Maybe you aren’t ready to part with jewelry from your ended marriage. There’s absolutely nothing wrong with hanging on to it as a way of processing the transition.
- Return jewelry to your former spouse: Even if the law says that you own a piece of jewelry, you may change your mind and want to give it back to the person who gave it to you. Of course, it’s up to them whether to accept the return.
- Pass your jewelry on to a child or friend: If you and your former spouse share children, one of them may want the jewelry. Or perhaps a friend has always loved the piece and you decide to give it to them.
Contact Envision Family Law for Expert Divorce Lawyers
Ending your engagement or marriage can be legally complicated, not to mention a difficult emotional and social transition.
Engagement ring laws by state vary widely so working with an experienced family law attorney takes some of that weight from your shoulders and helps you navigate the complex legal landscape.
Envision Family Law is dedicated to supporting families as they go through some of the hardest things in their lives. Your divorce lawyer will treat you with compassion and respect, all while working tirelessly in your best interests and those of your children.
When you’re ready to get started, please call or text us at (888) 211-7814 or use the simple contact form on our website. It will be our honor to work with you and your family.