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When you met the love of your life, you presented her with the most stunning diamond engagement ring that your money could buy. It is the most significant jewel, even if it isn’t the first piece of jewelry you’ve given her. But now, your relationship has been shattered and maybe you followed through on the marriage or maybe you didn’t.  But what happens to the engagement ring?

In Ohio, property is divided in a Divorce through the process known as the equitable division of assets. Most property that is acquired during the course of a marriage is considered a marital asset. However, property that is considered to be separately owned by one spouse under Ohio law includes the property owned by one spouse before the marriage as well as gifts and inheritances which are not subjected to the marital distribution.

You purchased the ring before the marriage. Is it a gift? A symbol? This is where the discrepancies come in. While there isn’t a set rule which says what must happen to the ring, there tends to be a trend the courts will follow depending on set circumstances.

The ring is the separate property of the spouse who received the ring so long as the couple did get married after the ring was given. The timing of the gift is important because as noted above property that is acquired during the course of the marriage is subject to equitable division. But, if the couple separates before “I Do,” most states will say the gift was conditional and should return to the person who purchased it.

In Ohio, the conditional gift rule is most often in place for engagement rings. This was solidified by the court’s ruling in the Smith v. Shafer case in 1993 when the Court stated: “Generally, a completed inter vivos gift is absolute and irrevocable.”  However, a donor may impose conditions on a gift so that if the conditions fail, the gift also fails.  The loophole for this is if the engagement ring was given on a holiday or the receiver’s birthday. In those cases, it may be argued that the engagement ring was not given in anticipation of marriage but given for some other purpose.  We can go further into argument if the ring was a family heirloom, or was destroyed/lost  before it could be divided or recouped, given any arguments there are most likely further issues to follow.

That’s why if you are in the process of a major breakup or divorce in Ohio, you need the guidance of a trusted family law attorney. “Breaking up is hard to do” but getting the engagement ring back doesn’t have to be. Whether you never made it to the altar or you are going through a divorce, R. A. Parish Law, LLC will work tirelessly to ensure your assets are distributed fairly and equally.  Contact R. A. Parish Law, LLC today for a free consultation at (614) 407-0443.