If I was engaged but the marriage never occurred, am I entitled to the entire ring or for just the “upgrades” that I paid for?

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If I was engaged but the marriage never occurred, am I entitled to the entire ring or for just the “upgrades” that I paid for?

I was wondering about the ring. We were both married and divorced before. She gave me her old wedding ring to do with what I saw fit. I remounted her diamonds and added even more to a new palladium band.

Asked on January 21, 2013 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, engagement rings are known as "gifts given in contemplation of marriage" and hold with the gift a "condition" that the marriage take place.  Some states - Kansas included - do not wish to get involved in the reasons why a marriage breaks up so they have a hard and fast rule: the giver ALWAYS gets the ring back when the engagement is called off.  You, though have a very different scenario.  I think that you need to be reasonable here: the diamonds are with out a doubt hers prior to the marriage.  But you are entitled to the cost of the setting and upgrades.  If you can not agree you may have to sue.  Good luck.


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