One of the biggest gifts given from one person in a relationship to another in an engagement ring. Short of buying a home, an engagement ring can sometimes be the most expensive item a couple owns, and if that purchase is put on credit, it can end up being one of the largest debts that the couple will share, short of a mortgage.
Who Keeps the Engagement Ring?
Of course, the giving of an engagement ring occurs before the marriage commences. Thus, the question of who gets the engagement ring should the relationship fail and the marriage never occur, is one of civil law, rather than family law.
New Jersey makes the giving of an engagement ring a conditional gift, the condition of course being the marriage itself. If the marriage does not occur, the condition is not met, and thus, the ring still belongs to the giver—in other words, the engagement ring must be returned to the person who purchased it if there is no marriage. New Jersey law does not look at or consider whose fault it is that the marriage never occurred.
In some cases, a ring may be given for a purpose other than the promise of marriage. For example, it may be a birthday gift, a holiday gift, or just a random gift. In those cases, the recipient of the gift would be permitted to keep the ring, although that would likely be after the parties fight over what the true “intent” was in giving the ring.
Return After Marriage
After the wedding, the engagement ring becomes the property of the receiving spouse, and the ring is not subject to being returned, divided, or sold by the court if there is a divorce. It is considered a non-marital (pre-marital) asset of the receiving spouse.
This also can raise problems for those giving family heirlooms, or jewelry with sentimental value. After marriage, there will be no avenue to ask a court to return the ring to you because it belonged to your great-grandmother.
Return of Wedding Rings
Wedding rings generally have a lesser value than engagement rings, but are considered a gift between parties in and during the marriage. Like all gifts between married spouses, the wedding rings can be divided (or force sold) by a court in the event of a divorce.
The same rules apply to “upgraded” engagement rings. If a new, better engagement ring is given to a spouse during the marriage, the new ring would likely be considered marital, and subject to division by a court upon divorce.
Note that like most anything, rings can be included in prenuptial agreements. Parties looking for rings to be returned upon divorce, can make provisions for their return in such agreements.
Understand what property may and may not be returned to you in the case of a divorce. Contact The Law Office of Agnes Rybar LLC for help and guidance in your family law case.
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