Protecting What Matters Most

Can I take the engagement ring back when we divorce?

On Behalf of | Oct 17, 2024 | Divorce

A divorce can bring about many concerns, both financial and sentimental. One issue that could stray into the territory of both is what happens to the engagement ring you bought now that you are divorcing.

You may have spent a considerable amount of money on the ring, and feel that now the marriage is ending, you have the right to get it back.  Or perhaps the ring you gave was not new, but a family heirloom and you believe that as your soon-to-be ex will no longer be part of the family, they should return the ring so it can stay in the family.

Your spouse, however, might disagree. Perhaps they love how the ring looks on them and want to continue wearing it. Maybe they feel they earned it. Or maybe they have already removed it from their finger and plan on selling it to boost their bank account.

What does New York law say?

There is a legal precedent for this in New YorkLowe v. Quinn, 27 N.Y.2d 397, 400 (1971). The court in that case ruled that an engagement ring is a gift made on the condition of marriage. Provided the marriage goes ahead, the person receiving the ring has fulfilled their part of that particular contract and the ring becomes theirs to keep. This is likely what a court would rule in your case, too, if you took the matter to them.

There are a lot of issues to consider in a divorce, and legal guidance can help you understand more.

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