Who gets the engagement ring after a divorce?

Some of the biggest issues in a divorce are provoked by the littlest things -- like engagement rings.

Engagement rings have both financial and emotional value -- which can drive a conflict between a divorcing couple that can't be easily settled. If it's an issue in your divorce, here's what you need to know:

Under the law in California, an engagement ring is considered a conditional gift -- meaning that it can be revoked if the condition on which it was given isn't met. If the marriage doesn't happen after the ring is accepted, the ring goes back to the original owner.

However, if the marriage happened -- even briefly -- the recipient of the ring gets to keep it. That can be a big problem when the ring is very sentimental in nature. For example, if you give your grandmother's one-of-a-kind engagement ring to your bride and the marriage falls apart after only a year, you may expect the ring back so it can stay in your family. Your bride, however, is legally entitled to keep it.

Is there anything you can do to prevent that from happening? It depends.

If it's before the marriage takes place, you could always address the ring as part of a prenuptial agreement. Prenups can often take the fear out of commitment by ensuring that everyone will be treated fairly if the marriage doesn't work. Just be prepared to give up something else of equal financial value to the ring in order to be fair to your intended spouse.

If it's too late for an agreement, you can try to negotiate for the return of the ring. If you're only concerned about its financial value, you probably won't get far -- that belongs to the recipient by law, no matter how much you spent or how short the marriage. It isn't considered part of the marital assets.

If you're concerned about the ring's emotional value, however, you might have a chance to appeal to your spouse's better nature. Just be ready to give up something your spouse wants in return.

Like most assets, even an engagement ring can be bartered for -- it all depends on how badly you want it back and what you're willing to sacrifice in its place.

Source: HuffPost, "Give Me My Ring Back! (Who Gets the Wedding Rings in a Divorce?)," accessed April 20, 2018

square-red-logo-for-blog-posts.png

No Comments

Leave a comment
Comment Information

Find out how we can help you.

Call 951.824.6449, chat with us, or request a consultation below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Locations

Riverside Office
4094 Chestnut Street
Riverside, CA 92501

Phone: 951-824-6449
Fax: 951-715-4601
Map & Directions
Email Us

Temecula Office
28465 Old Town Front Street
Suite 321
Temecula, CA 92590

Phone: 951-824-6449
Fax: 951-715-4601
Map & Directions
Email Us