In this New Jersey Family Law Blog, we often discuss how property division is handled in divorce. However, we have not really written about what divorce or a broken engagement means for the item that started it all: the engagement ring. This tricky issue comes to mind after it was reported late last month that a New York City man is suing his former fiancée, a New Jersey woman, to force her to return the $10,000 engagement ring he gave her.

According to The Asbury Park Press, the man gave the woman the ring in May 2012 when they became engaged. By the next month, the engagement was called off, but the woman did not return the ring.

The man later filed a lawsuit against his ex-fiancée not only to get the ring back, but also to demand compensation for his court costs as well as punitive and compensatory damages.

The question of who is entitled to an engagement ring after an engagement is called off is fairly complicated. Here in New Jersey, and in most states, engagement rings are considered to be conditional gifts. A conditional gift is an item that a person gives to another with the expectation that a future event will happen. In the case of engagement rings, this generally means that rings should be returned if the engagement is broken. The ring, however, belongs to the receiver if a marriage does take place.

In some cases, the gift receiver may argue upon a broken engagement that agreeing to marry the person qualified as having met the condition required. This argument may be more likely if it is the giver of the engagement ring who called off the engagement. Courts in New Jersey, however, generally find that the condition to be met is marriage, so when an engagement is broken the ring should be returned to the giver regardless of the reason for the broken engagement.

In some cases, especially those in which the engagement ring is a family heirloom, couples may benefit from crafting a prenuptial agreement to determine who would keep the ring in the event of a split.

Engagement and wedding ring ownership is a fairly complicated legal issue, and those who have concerns may be wise to seek counsel from a family law attorney.

Source: Asbury Park Press, “Hillsborough woman sued by ex-fiance for alleged failure to return $10,000 engagement ring,” April 26, 2013