Engagement rings are generally seen as conditional gifts in many U.S. courts but there are exceptions.
But the answer as to who keeps the ring is not so easy. It can depend on a variety of factors, like which state you live in, who bought the ring, whether the marriage ceremony happened ― and even, potentially, what day you proposed on.Where you reside ― and what statutes and case law precedents your state has ― can be the difference between you keeping or losing a pricey engagement ring.
“In Alaska, courts typically award the ring to the party not responsible for ending the engagement,” explained Levine. “Similarly, Kentucky employs a fault-based approach, often requiring the recipient to return the ring if they broke off the engagement without justification.”Being proposed to on a special occasion like Thanksgiving, your birthday, or Christmas can be magical timing. Your family may be in town to support you, the weather may provide the perfect romantic ambiance.
“Proposing on a holiday or birthday might seem romantic, but if things don’t work out, the proposer may not end up with the marriage they wanted — but at least they will be guaranteed to have the ring back,” Crane noted. Even if you wear the ring, your engagement ring is ultimately not guaranteed to be yours to keep. A lot of courts see an engagement ring gift as a loan to the person who bought it for you ― one you must be ready to return if your wedding gets called off.
In this way, getting married can be good news for ring receivers wanting to keep their gift, even if their marriage later ends in divorce. Under the logic of rings being conditional gifts, “Once you get married, that ring is the receiver’s ring, and the giver has no right to it,” Crane explained. In these cases, unless there is a prenuptial agreement stating otherwise, the ring is the receiver’s separate property, she said.
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