The answer to who gets to keep the engagement or wedding ring in Texas
after the relationship ends depends on the facts of the case.
An engagement ring is considered a “conditional gift” in Texas.
Which in the case of an engagement ring is given in contemplation of marriage
and ownership does not transfer until the condition of the wedding is met.
The Texas conditional gift rule contains an element of fault. After the
relationship is over a Texas court will look to see which person is at
fault for not going through with the engagement. Once the parties are
married, the engagement ring is considered a gift and the sole property
of the spouse to whom it was given.
If a woman or man who accepts an engagement ring then does not go through
with the engagement for no reason, she or he is required under Texas law
to return the ring to the former fiancé. If, however, the giver
is the one breaks off the engagement then the recipient of the engagement
ring gets to keep it.
Other gifts during the pre-wedding relationship are not considered conditional
and not subject to the Texas conditional gift Rule.
A possible exception would be a ring that is family heirloom. Some case
law supports the argument that family heirlooms. In these cases, the judge
would consider the principal of fairness and who holds the greatest sentimental
attachment to the ring.
Wedding rings are gifts
The general rule during the
divorce in regards to property is that all property acquired during the marriage
is subject to division.
One exception to this rule is gifts. Gifts from one spouse to the other
are considered separate property during a
divorce in Texas. This is true even those gifts are expensive. As discussed above if the
facts support the family heirloom exception argument can be made.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- How do I change my child's name in Texas?
- 6 things You Need to Know Before You File for Divorce in Texas
- I Want a Texas Divorce but My Husband Doesn't: What can I do?
- Am I Married? - Marital Status in Texas
- 6 Tips - On How to prepare for a Texas Divorce
- Roadmap of Basic Divorce Procedure in Texas
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
Law Office of Bryan Fagan | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and