Rings exchanged in close relationships can carry deep emotional meaning, but they may also become a point of dispute during divorce or after an engagement ends.
Whether given for an anniversary, birthday or proposal, the way a ring is classified as a conditional or unconditional gift can affect who keeps it when a relationship breaks down.
Rings as unconditional gifts
A ring is typically considered an unconditional gift when it is given with no expectations tied to it. To meet this definition, three elements are usually present:
- The giver intended to give the ring as a gift
- The ring was delivered to the recipient
- The recipient accepted it.
Once all three are satisfied, the gift is usually considered complete and legally belongs to the recipient.
In a divorce, this means that a ring given as a birthday gift or a token of affection unrelated to engagement or marriage is often treated as personal property. It would not be divided with other marital assets. If the ring came from a family collection but was given without conditions, it may also be considered the recipient’s to keep.
Rings as conditional gifts
Some rings are given with a clear expectation of a future event, such as an engagement or continued marriage. If that event does not happen, the giver may argue that the gift should be returned. This is common with engagement rings, which are often viewed as given in contemplation of marriage. If the engagement is called off or the marriage ends shortly afterward, the ring may be seen as a conditional gift.
Family law courts sometimes examine the timing, intention and context behind the gift. Disagreements over whether a ring was tied to an engagement or another condition can lead to disputes during property division.
Understanding how the law treats gifts during divorce can help prevent confusion and conflict. Obtaining legal guidance can be helpful when facing disagreements over rings or other items with emotional and financial value.