Family Law

Who Owns the Engagement Ring? (Part Two)

By Ben Stevens

Earlier this week, we examined the issue of who owns the engagement ring prior to marriage if an engagement is broken. In this second part, we look at the issue of who owns the engagement ring after marriage, if the marriage is later dissolved.

In South Carolina, 'marital' property can be allocated or divided by the Family Court. 'Non-marital' property cannot be allocated by the Family Court, and it therefore belongs to the spouse independent of the marital estate.

By statute, South Carolina has defined non-marital property as 'property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse.'  Thus, a gift from a third party is non-marital, but a gift from a spouse is marital. So where do engagement rings fall under this analysis?

As previously discussed, most courts appear to view an engagement ring as a conditional gift that becomes final when the marriage is consummated. This would appear to make the gift irrevocable exactly at the moment when a non-spouse is becoming a spouse.

In South Carolina, the courts have decided that an engagement ring, at least one given prior to the wedding ceremony, is a pre-marital gift, and therefore is non-marital property belonging to the recipient of the ring upon dissolution of the marriage.

For further reference, see S.C. Code 20-3-630(A)(1) and McClerin v. McClerin, 310 S.C. 99, 425 S.E.2d 476 (Ct. App. 1992).

"Who Owns the Engagement Ring? (Part Two)" by Paul C. MacPhail.

Full post as published by SC Family Law Blog on June 26, 2009 (boomark / email).