Who gets the engagement ring if the wedding is called off? Or in the case of a divorce? Will the one who gave the ring be able to get it back? Or does it remain with the one who was given the ring as it was a gift? There are various factors upon which the answers to these questions will depend upon. Legally speaking, the laws of the state will matter when retrieving an engagement ring or establishing it’s ownership.
The engagement ring can be thought of as a gift in many ways. Some states such as Florida consider the engagement ring as a conditional gift. The condition being the marriage. If the requirement is never fulfilled, that is if the engagement is called off, the donor gets the ring back.
But what goes down in the case of a divorce, that is after the marriage has taken place? In this case, the condition upon which the gift was given has been fulfilled. So the ring now belongs to the donee and will be considered as a premarital gift. Thus will not be accounted for division during divorce.
But these only apply legally. These are not rules that’ll prevent you from returning an engagement ring or letting the other keep it. Those decisions can be taken by yourself as long as both parties are okay with the decision. But sometimes, engagement rings can be even considered as treasures of a sort. Some are heirlooms of significant monetary and emotional value.
If you are seeking to exercise your right for the engagement ring, go ahead with the right legal counsel. Find out which actions are available to you with the help of your lawyer.
Your Divorce Attorney Orlando can help clarify the doubts clouding your mind. Clear up all your issues with the help of a competent Divorce Attorney by your side. Contact Divorce Attorney Orlando, Erin Morse now to get the best legal opinion for your case.