Who Keeps The Engagement Ring

In New York, if the marriage does not take place the person who gave the ring is entitled to have it returned.

If the marriage has occurred then the ring is the property of the person who received it.

The basic law is that the ring is a gift given in contemplation of marriage and therefore once the marriage exists the ring is a gift that has been received in "consideration" of the marriage.

The exception is that if the person who gave the ring was not divorced when the ring was given and the marriage does not take place the ring does not have to be returned. The reason is that the person, at the time that the ring was given, did not have the legal capacity to become engaged because the person was still married. Therefore, it is treated as a gift without any condition.

Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
Located at
5225 Route 347, Building 7, Suite 37
Port Jefferson Station, NY 11776.

View Map
Phone: (631) 629-6874
Phone: (631) 928-7700
Website:

Call for a Free Consultation

631.629.6874