Figuring out how to divide property between individuals during a divorce can be a messy and complex process, especially when it comes to items like an engagement ring that was a gift based on the love shared between the couple. During a divorce, it is only natural to wonder who gets to keep the engagement ring. If you have questions or require representation during your divorce, reach out to a skilled Montgomery County property division lawyer to discuss your situation.
Is Pennsylvania an Equitable Distribution State?
Yes, Pennsylvania is an equitable distribution state when it comes to divorce. This means that when a couple decides to split up their marital assets will be divided equitably between the two of them, not necessarily equally. A court will determine a fair amount to give to each individual based on their income, earning capacity, contributions to the marriage, etc.
Who Gets to Keep the Engagement Ring in a Divorce?
In a Pennsylvania divorce, either spouse has a chance of maintaining ownership of the engagement ring. Before the marriage takes place, the ring is still technically owned by the individual who proposed because the condition of the gift has not yet been met. If the engagement gets called off for any reason, the ring must be returned to them.
However, if the marriage does happen then the issue of ownership becomes more complex. The condition of the ring was met meaning that the individual who was gifted the ring now has legal ownership over it. However, so does the spouse who proposed. A court may rule that the ring be subject to property division, where they will determine which spouse maintains ownership over the item.
If the two parties have an existing prenuptial agreement that mentions the ring or create their own agreement then they can avoid the court’s decision.
What is a Conditional Gift?
A conditional gift is one given with strings attached. This type of item is gifted with both parties understanding that it is based upon the condition that the recipient must perform some task in exchange.
Although this may not sound very romantic, an engagement ring is a conditional gift. The individual who proposes gives the other party the ring on the condition that they will get married. Until the condition of marriage is met, the ring technically still belongs to the original owner.
Once the condition is fulfilled and the parties are legally married, part of the ownership transfers to the receiving spouse. While many states implement rules that make the recipient the sole owner and entitled to keep the piece in the event of a divorce, Pennsylvania rule considers an engagement ring a gift between spouses, making it marital property and subject to asset distribution.
For more information on property division and your legal rights to marital assets, reach out to an experienced divorce attorney today.
