Your significant other gives you a $10,000 wedding ring. It’s a significant expense, but at the time, you both feel it’s worth it. You get married and stay together for the next 10 years.
However, you then decide to divorce and end your marriage. Your spouse tells you that you have to give the ring back. They want to sell it and recoup at least a portion of the $10,000 they spent. Are you legally required to return it?
A ring is a conditional gift
The important thing to understand about wedding rings is that they are often considered conditional gifts. For instance, your spouse may have given it to you when they proposed, asking you to marry them. You agreed, and then you followed through and got married, which satisfied the condition of the gift.
Once the condition is satisfied, the ring becomes your property. Because you owned it prior to the marriage, it is classified as separate property and does not have to go through property division during the divorce. You are not legally required to return it to your ex.
However, consider the opposite scenario: If the two of you had broken off your engagement before the wedding day, the condition of marriage would not have been met. In that case, you would typically need to return the ring. The condition must be fulfilled before the ring becomes your personal property.
But in the context of a divorce, the condition—marriage—has already been satisfied, so you are not legally obligated to return the ring, even if your ex wants to sell it.
Resolving contentious property issues
That being said, disagreements over assets like a wedding ring can make your divorce more contentious, and here are many other assets to consider during property division. To navigate these complexities, make sure you understand the legal steps you need to take.
