Determining who gets to keep the engagement ring in the event of a split can be a contentious issue for many couples. Many engagement rings have significant monetary and sentimental value, and there may be differing opinions between partners on who is entitled to it.
Before The Marriage:
In North Carolina, the classification of the engagement ring — if it’s considered to be the property of one partner versus the other – depends on the timing of the separation. If a couple separates before the marriage, basic contract law finds that an engagement ring will generally be considered a conditional gift. The condition is the marriage itself. This means the engagement ring should be returned to the giver should the engagement be broken off. However, North Carolina doesn’t have specific laws addressing the unique situations that may occur and cause an engagement to end. For example, if one party is at fault, such as acting unfaithfully, would the innocent party be entitled to receive or keep the ring?
After the Marriage:
Once parties do get married, a presumption arises that the engagement ring is the separate property of the recipient. In the event of a divorce, the engagement ring will not typically be subject to distribution because of that presumption.
With that being said, if the couple has a prenuptial or postnuptial agreement that addresses how the engagement ring should be treated, those terms prevail. Including the engagement ring in a prenuptial or postnuptial agreement may be especially useful for individuals who proposed with an heirloom and if either party wants to keep the ring within the family.
The Bottom Line:
While the engagement ring may seem like a small piece of a much larger puzzle during a relationship, it can hold significant weight, both financially and emotionally. From a non-legal perspective, having open communication directly with your partner regarding the engagement ring can help manage expectations and lead to a mutually beneficial resolution. If you and your partner do end up separating, having records of the ring’s purchase, including documents pertaining to any appraisals, can serve useful.
If you find yourself facing questions about the engagement ring before, during or after the marriage, consulting an experienced family law attorney can provide clarity. Understanding the legal principles surrounding engagement rings in North Carolina can help couples navigate this issue more effectively, and, hopefully, more amicably.
If you or somebody you know wants to learn more about Who Gets the Ring, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina a law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
Inspired by her own experiences with domestic violence and the family court system, Theresa E. Viera became the first lawyer in her family, graduating from the University of North Carolina School of Law. She has dedicated her career to helping families find healthy solutions through various legal tools, including negotiations, mediation, collaborative law, and litigation when necessary. With years of experience in Family Law, she strives to inspire others and make a positive impact on the lives of her clients, just as her mother’s attorney once inspired her.
