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.
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Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC 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.
Our 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, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.