According to the Library of Congress, there is increasing interest in “scaled-back” weddings in the modern era. With the average wedding costing tens of thousands of dollars, spouses today are considering various ways to cut spending. But while it might be possible to scale back catering or expensive wedding venues, the engagement ring is one aspect of marriage that is almost impossible to eliminate. This is also one of the most expensive elements of marriage, and it typically falls upon the shoulders of only one spouse. For almost a century, marketing campaigns from jewelers have encouraged spouses to spend a significant portion of their annual salary on this item.
But who keeps the engagement ring after a broken engagement? Can spouses ask for this item back, thereby recouping a significant investment in a marriage that never occurred? Or does the recipient of the engagement ring keep this expensive piece of jewelry? This is a question spouses can explore alongside an experienced family lawyer in Tennessee. Contact King Law Offices at (888) 748-5464 to learn more, or visit our Johnson City offices in Washington County.
An Engagement Ring Is Usually a “Conditional Gift” in Tennessee
Past cases in Tennessee have established that an engagement ring is usually a “conditional gift.” As its name implies, a conditional gift comes with certain conditions. The condition attached to an engagement ring is that the recipient will eventually marry the donor. If the relationship ends with a broken engagement, the recipient of the ring would be legally required by Tennessee law to return the engagement ring. According to the National Institutes of Health (NIH), a conditional gift involves “some condition or restriction” that must be met by the recipient.
Is an Engagement Ring Separate Property?
Spouses may be aware that in the event of a divorce, assets acquired before marriage are “separate property.” One might assume that the same general rules apply to engagement rings, even if the marriage never occurred. However, property division laws in Tennessee do not apply unless the spouses marry and subsequently divorce. In the case of a broken engagement, courts only consider basic property rights – and not divorce laws.
Who Keeps the Engagement Ring in Situations Involving Fault?
Many broken engagements occur due to misconduct. For example, a couple might call off their engagement after one party is unfaithful. A broken engagement might also be triggered by domestic violence, substance abuse, or the incarceration of one party. In some states, fault may determine who keeps the engagement ring. However, this is not the case in Tennessee. Past cases have determined that the donor always receives the engagement ring in a broken engagement, regardless of fault.
This may be disappointing to spouses who want to keep their engagement rings after receiving these gifts, especially if the broken engagement occurred due to the misconduct of the donor. However, Crippen v. Campbell clearly established that engagement rings should find their way back to donors after broken engagements, regardless of why relationships end. In this 2007 case, the recipient of an engagement ring initially won the right to keep the conditional gift in a trial court. However, the donor successfully appealed the decision and received the ring back.
What About Other Gifts Provided Before Marriage?
Spouses should know that engagement rings fall into the special category of conditional gifts, and other gifts may not have this status under Tennessee law. Most other pieces of jewelry are not conditional gifts if exchanged before marriage. As a result, the recipient should be able to keep necklaces, non-engagement rings, bracelets, and so on after the end of a relationship. Engagement rings have a special symbolic meaning, and this symbolism is recognized by Tennessee courts. Other gifts do not have any symbolic status, and there is no requirement to return them after relationships end. That said, spouses may choose to return these items anyway as a gesture of goodwill.
For another item to gain the same status as a conditional gift, the donor would have to specifically state the conditions involved. For example, an individual might provide their partner with a luxury handbag while stating that if a marriage never occurs, they must return the bag. To ensure the return of the bag, the donor would need to state the conditions in writing, and the recipient would likely need to sign their approval of the arrangement.
Outside of romantic relationships, a parent might give a young student a car – but only if they complete their college degree. This type of conditional gift may also require a clear written contract in place, or perhaps text message evidence. Courts have held that engagement rings gain conditional status without clear written contracts or communications because of the inherent symbolism behind these gifts. Courts have also held that it would be unreasonable to require a spouse to explain the condition of this gift while they are proposing.
What Happens to the Engagement Ring After Divorce?
If a marriage occurs, then the conditions attached to the engagement ring are satisfied. As a result, the ring loses its conditional status and gains the same legal standing as any other gift. If the marriage ends in divorce, then spouses must follow the equitable distribution laws of Tennessee. Under these laws, gifts received before marriage are separate property, and they are not subject to property division. In other words, the recipient keeps the engagement ring. Spouses are free to handle this item in whatever way they see fit, whether that involves selling the ring or disposing of it. Spouses approaching property division during a Tennessee divorce can contact King Law Offices for further guidance.
Learn More About Broken Engagements With King Law Offices
A broken engagement may present many financial, psychological, and legal challenges. Spouses may struggle to handle the disappointment of a broken engagement while simultaneously reviewing family law and property law in Tennessee. However, some degree of legal research may be necessary to determine who keeps the engagement ring after a broken engagement. Whether the proposing spouse saved for weeks or months to purchase the ring, there is no sense in throwing away assets if the marriage will not occur. Spouses who want to ensure that they recoup this sunk cost can work with family law attorneys in Tennessee. Discuss the concept of conditional gifts and related concepts by contacting King Law Offices at (888) 748-5464. Our offices are conveniently located in Johnson City, Washington County.
