People propose marriage to their significant others with an engagement ring to symbolize their future together and everlasting love. Unfortunately, many of those relationships do not stand the test of time. When a marriage ends in divorce many decisions have to be made including child custody and support, alimony payments, and the division of marital property. But what exactly is considered marital property? And which spouse keeps the engagement ring in the divorce? The answer to this question varies based on many factors. Work with an experienced York County, PA property division attorney to learn more about your rights and options during your divorce.
What is a Conditional Gift?
A conditional gift is a gift given to a person on the condition that they meet certain requirements or perform certain tasks. The recipient does not technically own the gift until the conditions are met. If the recipient does not fulfill the conditions of the gift it can be returned to the donor.
Is an Engagement Ring a Conditional Gift?
Most states, including Pennsylvania, consider engagement rings conditional gifts. They are gifted to the recipient during a proposal with the condition that the two will get married. If the engagement gets called off or the couple breaks up, the individual who bought the ring and proposed has the right to take it back. When the two are officially legally married, the condition has been fulfilled. Only then does the recipient have a legal claim to the ring.
Who Keeps the Engagement Ring in a Divorce?
Deciding to end a marriage can be emotionally difficult and uncomfortable at times. The question of which spouse will get to keep the engagement ring is usually one of those times.
According to Pennsylvania state law, once a couple is married the engagement ring becomes a gift between spouses, meaning that both individuals have a claim over it. The ring will be subject to PA’s equitable distribution laws and divided based on the court’s decision. They will examine the details of the relationship and determine which spouse should keep the ring.
Can the Couple Decide Who Keeps the Ring?
It should be noted that the couple has the right to make this decision themselves. They may have stipulated what to do with the ring in a prenuptial or postnuptial agreement. They also can work out an agreement among themselves or through mediation. The recipient may decide to give the ring back because they do not want a reminder or it was a family heirloom from their spouse’s side. The other spouse may allow them to keep the ring without a fight as it was designed with them in mind.
Additionally, they may agree to sell the ring and split the profit between themselves. Mediation and open communication can allow the couple to come up with a solution unique to their needs.
If an agreement can be made and is found acceptable by both parties, the information can be submitted to the court and entered into the divorce decree. Otherwise, the court will decide for the couple.
