Wedding rings are a symbol of the couple’s promise to marry and thus carry deep meaning for both the husband and wife. But when the marriage breaks down, the ex-spouses often wonder who is entitled to the rings after divorce. If the pair has only been married a short time, the engagement and wedding rings may be one of their most valuable assets.
Wedding Rings as Gifts
There have been several cases where the courts look upon the wedding rings as gifts. The laws in each state will determine how the rings were given to and accepted by each party.
Inter vivos Gift
Inter vivos is a Latin term meaning “between the living” which refers to the transfer of property by an agreement between people while they are alive and not a gift received through a person’s will after their death. The contract is completed by delivery of the gift from the donor (giver) to the donee (receiver) and cannot be recovered by the person who donated the gift.
Casa Mortis Gift
Casa mortis is Latin for “gift on the occasion of death” and is used in reference to a gift given to another person while on their deathbed. The gift donor must expect to die imminently from a particular illness or event. Let’s say for example that a woman is engaged to a man whose mother is dying. She gives the “bride to be” her engagement and wedding ring set which is a family heirloom she wishes to keep in the family. The couple’s marriage falls apart and after divorce, the man wants the rings back so that they remain in his family. Unfortunately, he’s out of luck because the law says that once a gift is given and the individual actually dies, the contract is completed. However, if the mother recovers from her condition and wants the rings back, the law says she is entitled recover them.
Conditional Gift
In many states, the courts view the engagement and wedding rings as conditional gifts. This means that they were given to a person provided that they met the condition agreed upon by both parties. An example would be when a man gives a woman an engagement ring on the promise that she marries him. The engagement falls apart, therefore, the condition of marriage did not occur and the ring may be returned to him. However, if he is responsible for the breakup, the laws in the State of California say that she gets to keep the ring. The State of Montana regards rings as unconditional gifts and therefore the law does not require them to be given back to the gift giver. However, the State of Illinois
This can apply to wedding rings after divorce. Let’s say that a couple gets married but they are unable to afford lavish rings. During their marriage, the husband buys his wife an expensive wedding ring. The couple gets divorced and the man asks for the ring back because he gave it to his wife on the condition that she remains married to him. How these cases are decided will depend upon the state in which you live and how the law is applied.
When to Consult a Lawyer
The laws in the state where the divorce proceedings take place determine the division of property. Each jurisdiction will decide if the wedding rings are viewed as marital property or separate property. If the couple’s shared finances contributed to the purchase of the rings, they may be considered marital property and therefore, eligible for distribution during divorce. These laws are extremely complex and may require the expertise of a family law attorney.
