1. When The Ring Is Given as a Gift then the Recipient Keeps It
Under Maryland law, if the recipient of the ring will keep the ring if:
- The intent of the giver that the ring is a gift
- The ring is given physically to the receiver
- The receiver accepts the ring as a gift
When the above three elements are satisfied, the receiver has full rights to keep the ring, as the ring is a token of gift. As per the law, gifs can be retained by the receiver. However, engagement rings are usually considered a “conditional gift”, and the added consideration of whether the condition is satisfied is part of the analysis.
2. When The Engagement Ring Is Given as a Gift on the Condition Of Marriage
An engagement is ring is most often given pursuant to a proposal of marriage that is accepted. If the recipient of the ring breaks off the engagement, then ownership of the ring is restored to the giver. If the giver breaks off the engagement, then the ring becomes the property of the recipient. The ring also becomes property of the recipient upon the marriage of the parties. This is so because the “gift” of the ring is not complete until the marriage has occurred. This type of gifts is referred to as a conditional gift. A conditional gift requires that the recipient satisfy the “condition”.
What Happens To Ring After the Marriage Happens?
It is the property of the recipient – it is not marital property.
Consult An Experienced Divorce Attorney
There are an endless variety of situations that can arise in the case of engagement or wedding rings. You need to consult an experienced attorney to decide on the division of marital properties after divorce.
We can help. Our practice is primarily family law. And we have decades of experience. We know our judges, we know our court system here in Montgomery County. If you want to begin to make your plan, are ready to consult with an experienced divorce attorney for men, or just need some questions answered, contact us here, go online to schedule an appointment, or call us at (301) 962-2492 to set up an initial consultation.