Who Gets the Ring When the Engagement’s Off?

Engaged couples can break up for any reason, from shortly after the engagement to just before “I do.” Whatever the reason, the couple and their family may have to deal with wedding contracts, uninviting people, and figuring out what to do with the engagement ring.

Property rights in the engagement ring depend on state law and who called off the wedding. To find out whether you should give the engagement ring back or keep it, talk to a local family law attorney.

When the Wedding Is Called Off

An engagement ring is a gift offered on the condition of marriage. If there is no wedding, the condition of the gift is not fulfilled. Family laws in different states take different approaches to engagement ring property rights:

• No-fault states. In states that take a no-fault approach, the offer and acceptance of an engagement ring constitutes a mutual agreement in anticipation of marriage. If either person cancels the wedding, the ring should be returned, regardless of the value.
• At-fault states. Other jurisdictions take a fault-based approach when the engagement ends. The person responsible for breaking off the engagement loses their property rights over the engagement gifts. When the giver of the ring breaks off the wedding, they lose their right to get the ring back. If the receiver cancels the wedding, they have to return the engagement ring.

Get Top, Proven Family Law Representation

From adoption to divorce to custody and everything in between, find a top family law attorney near you in the Super Lawyers directory.

Find a lawyer today

Exceptions to the Ring Return Rules

Couples may run into problems if the proposal happens on a birthday or a gift-giving holiday such as Valentine’s Day. The ring recipient could argue that the ring was a birthday gift, and not intended as a conditional gift at all. However, courts are generally not swayed by this argument.

In some situations, neither party wants the ring. This does not have to be a point of contention, as the ring still has value. Many jewelers and online services will buy back a ring that is no longer wanted.

Pre-Planning Can Save Costs and Heartaches

The loss and pain involved in a broken engagement can cause serious disputes with your ex-fiancé. However, there are legal ways to protect yourself from potentially costly and drawn-out processes. Though prenuptial agreements and cohabitation agreements are not considered romantic, they may reduce potential future headaches.

Prenuptial agreements can determine what happens when the ring goes back after the relationship ends. This can be especially important when the engagement ring is a passed-down family heirloom.

Find Legal Help

For better or worse, some relationships don’t last. If the unfortunate should happen, and there is a dispute over who gets the engagement ring, you should seek legal advice. Contact an experienced and reputable family law attorney. A local family lawyer who is familiar with your state’s engagement ring laws can help you move on after a broken engagement.