Divorce and Engagement Rings

When you go through a divorce, one question that will inevitably come up is what happens to the engagement ring. This piece of property is special for its sentimental reasons, monetary value, and for how the legal system views it. While some couples do not spend a lot of money on an engagement ring, many people save up two or three months’ worth of salary to purchase an engagement ring. Additionally, some people give family heirlooms as engagement rings, which have even more sentimental value. For all these reasons, it can be difficult to decide what will happen to the ring in the event of a divorce.

Engagement Rings and the Law

While most gifts given to a partner will be considered the receiver’s to keep should there be a divorce, the law considers engagement rings differently. They are actually seen as a representation of a verbal contract to be married. In this sense they fall under contract law. These are the rules governing engagement rings and divorce in the state of California:

• If the couple breaks up before the wedding, the receiver gives back the ring
• If there is a divorce, the person at fault is less likely to be awarded the ring
• Some couples, especially in a mutual divorce, may sell the ring and split the profits

An experienced divorce attorney can advise you on how this matter should be handled in your situation.

Contact Us

If you are considering divorce and are unsure about what should happen to the ring, or if you have any other concerns, contact the Oceanside divorce lawyers of Fischer & Van Thiel, LLP, at 760-722-7646 today.