Though we don’t generally think about what will become of a ring or other jewelry when first presented to the person that we would like to marry, it can become the subject of contention once a marriage is over. Who gets the wedding ring in the event of a divorce? In Texas, the generally ring is considered a gift and becomes property of the spouse for whom it was given.
However, there may be an exception if the ring also happens to have been a family heirloom. In those instances, the ring may be required to be returned to the person that gave the ring away.
The rule concerning wedding rings may also involve the giving away of other jewelry as well. Even an upgrade to a ring may still be considered a gift that one cannot require being returned.
There can also be an exception to the giving away of a ring if the wedding is called off during the engagement. However, even under these sorts of circumstances it depends on what state governs the matter.
There is one rule that says determination as to who get the ring can be dependent upon which party was at fault. If one party cheats upon the other party during the engagement period resulting in the wedding being called off, the individual guilty of cheating may not be entitled to get the ring back. Again, in Texas, the engagement ring is a pre-marital gift and not subject to being returned.
Division of assets and community property will generally always be a complex process when it comes to divorce. For that reason any spouse contemplating a divorce would be well advised to consult with an experienced family law attorney licensed in the state for which you live.
Source: Huffington Post, “Give Me My Ring Back! (Who Gets the Wedding Rings in a Divorce?),” Natalie Gregg, Sep. 23, 2013
