31st Aug 25 8:22 am
JamieAccording to George Mason University, 250,000 engaged couples call off their marriages each year in the United States. This situation is quite common, and those experiencing it often experience various psychological challenges. Although couples might ask various questions during the emotional turbulence of a broken engagement, “Who keeps the ring?” is one of the most important. Statista states that the average cost of an engagement ring in the United States is about $5,500, and many people save up for months before making this purchase. Both would-be spouses might want to keep this valuable asset for obvious reasons, and they may argue over who should get the ring. What does Colorado law say about this issue? Does the ring belong to the recipient, or does the person who purchased it get this valuable item back? To explore this subject further, individuals may wish to meet with a Colorado family law attorney. Consider continuing this conversation by contacting Colorado Divorce Law Group at (720) 593-6442.
The first thing couples need to know about this situation is that property division laws do not apply. When would-be spouses break their engagements, they never sign marriage contracts. As a result, there is no need to worry about divorce-related property division laws. If the marriage had occurred, the engagement ring (and all other property) would follow the equitable distribution statute in Colorado. Specifically, the engagement ring would follow the rule for “gifts.”
In a broken engagement, courts also view the ring as a gift. However, Colorado gives the ring a special status as a “conditional gift” in this situation. A conditional gift is something that a donor gives in exchange for an expected outcome sometime in the future. In the context of an engagement, that expected outcome is marriage. Aside from engagement rings, conditional gifts are quite common in estate planning. For example, a decedent might leave their son the family home – but only if they complete rehabilitation for substance abuse. Another example of a conditional gift is a vehicle as a reward for completing college.
What makes conditional gifts distinct from other types of gifts in Colorado? Under normal circumstances, someone who gives someone else a gift cannot change their mind in the future. Once they have handed over the gift, they cannot ask for it back. However, the rules are slightly different for conditional gifts. Because the donor attaches clear conditions to this type of gift, they can theoretically ask for it back if those conditions are not met. For example, a parent might give a child a vehicle during their first year of college, with the understanding that they only get to keep the car if they complete their degree. If the student drops out after the first year, the parent could be justified in taking the vehicle back. The same logic applies to engagement rings.
A donor can ask for the return of the engagement ring if the marriage never occurs. Suppose the recipient changes their mind and decides not to go ahead with the marriage. In this case, the recipient would be breaking the conditions of the gift – and they would need to return the engagement ring. A couple might also mutually agree to call off the wedding. In this situation, the person who gave the ring should receive it back.
However, the situation is completely different if the donor is the one who called off the marriage. In this case, the recipient never broke the conditions attached to the gift. Because of this, they may get to keep the engagement ring even though the marriage never actually occurred.
Cheating is relatively common among fiancés, and this is a common reason for a broken engagement. Who keeps the ring in this scenario? Even though the aggrieved party might make the decision to call off the marriage, they would likely still keep the ring they previously gave to the cheating fiancé. In this case, courts see cheating as a violation of the conditions attached to the gift.
Other types of misconduct follow the same basic logic. An individual might receive an engagement ring and subsequently engage in heavy substance abuse, to the point where their partner has no choice but to call off the wedding. In this case, the donor might have the right to ask for the ring back, even though they made the decision to call off the marriage. If the donor is guilty of this misconduct and “causes” the breakup, then they may lose the right to keep the ring. Those who are unsure about whether they can ask for their rings back may want to consult with Colorado Divorce Law Group.
If an individual refuses to give back an engagement ring, then the donor may be able to take legal action. A civil suit could force the recipient to return the engagement ring, and this may be the only remaining option if all other attempts have failed. Lawsuits can be expensive and time-consuming. Consider explaining to the recipient that the laws regarding conditional gifts in Colorado clearly require the return of the ring.
While there are many questions that would-be spouses might ask after a broken engagement, “Who keeps the ring?” could be one of the most pressing. An individual who spends thousands of dollars on an engagement ring might be extremely concerned about losing this asset without ever getting married. This challenge can make other psychological burdens even more pronounced. The Live Love Laugh Foundation notes that broken engagements can cause self-esteem issues, feelings of rejection, and lack of trust during future relationships. Those who are struggling with this problem may choose to speak with family law attorneys in Colorado. Although this situation can be quite complex, Colorado law is clear on what should happen to the ring during a broken engagement. Continue this discussion by contacting the experienced Colorado divorce lawyers at Colorado Divorce Law Group at (720) 593-6442.
