Who keeps the engagement ring in a divorce is a common question a lot of separating couples will have. Navigating through a divorce in Oklahoma can be a complex process, especially when it comes to dividing assets and property. Thus, common questions that will arise are: Do I give the ring back? Are they allowed to keep the ring? The answers to these pressing questions and others are contained below.
Equitable Distribution
In Oklahoma law, divorce proceedings follow the rule of equitable distribution. This means that any property acquired during the marriage is divided in a manner deemed fair by the court. However, this does not necessarily equally. Contrarily though, the engagement ring is a unique piece of property. This expensive piece of prominent jewelry is typically given before marriage, which affects its status in a divorce.
Generally in Oklahoma, gifts are considered separate property. Since an engagement ring is given as a gift, it is usually seen as the personal property of the receiver. Therefore, in most cases, the individual who receives the engagement ring is entitled to keep it post-divorce.
Exceptions to Equitable Distribution
Yet, there are exceptions and specific circumstances that can influence this general rule:
- Condition of the Gift: Engagement rings are often given on the condition of marriage. If the marriage doesn’t occur, the giver might have the right to the ring’s return. However, once married, and the condition is met, the ring typically becomes the personal property of the recipient.
- Modification of the Ring: If the ring underwent significant changes during the marriage, such as upgrades or modifications using marital funds, it could potentially be seen as marital property. This would make it subject to division during the divorce.
- Prenuptial Agreements: Any prenuptial agreement that includes terms about the engagement ring can specify who retains the ring in the event of a divorce.
In situations where the ring’s status is unclear, or there are disagreements over its ownership, the court may need to make a determination. The basis of this decision will be on various factors, including the ones discussed above.
Family Law Lawyer
In summary, in Oklahoma, the person who receives the engagement ring will usually retain it following a divorce, as it is typically considered separate property. However, the specific circumstances of each case, such as modifications to the ring, prenuptial agreements, and the ring’s commingling with marital assets, can influence this outcome. It’s important to consult with a legal professional to understand how your specific situation aligns with Oklahoma law. Tulsa Divorce Attorneys assists with resolving disputes over engagement rings and other property in Oklahoma divorces. If you’re facing questions about asset division, contact Tulsa Divorce Attorneys and Associates at (539) 302-0303 or online for guidance.