Is a wedding ring considered a marital asset? 16 Answers as of September 29, 2011

A gift of personal property, such as clothing, jewelry or other items of personal nature, which are of "insubstantial value" and used solely or primarily by one spouse to whom the gift is made, is generally considered to be the separate property of that spouse. However, a very expensive diamond ring with substantial value was determined not to be a gift by an Appellate Court. A wedding ring raises many different issues including whether it was meant to be a gift, whether there was a transmutation, whether there are any other agreements related thereto (such as a Premarital Agreement) or whether there are reimbursement rights. Without knowing more facts, it is hard to specifically answer your question. You should consult with a Family Law Attorney for more advice. Good luck.

Most of the time a court will consider a wedding ring a gift, because that is what it is supposed to be. A physical statement indicating the love one has for another. However, if the ring was given in contemplation of marriage, and the marriage never took place, an argument could be made that it was obtained by trick, or it is implied that marriage would take place, and therefore relied upon to give the gift, and would be unconscionable to allow the recipient to keep it. There could be an exceptional set of facts such as when an investment quality gem is given, but even in that scenario, one would be hard pressed to argue investment vs. gift.

Wedding ring or engagement ring? The engagement ring is by definition given (a gift) or in the alternative an exchanged item for the promise to marry and therefore earned prior to marriage and separate property. The wedding ring is not so clearly cut, but again, subject to the same rules, it is pretty much off limits unless - the rings were purchased after marriage (ie: she got a gold band at the ceremony and years later traded up to a platinum band with diamonds in it).

In general, an engagement ring is a conditional gift and becomes a gift once the marriage is consumated. If the parties do not go through with the marriage then whether or not the recipient of the ring gets to keep the ring depends on who was at fault for the failure of the marriage to occur. The actual wedding ring would probably be considered and would not be community property, but it depends on the facts and circumstances surrounding the purchase and giving of the ring.

Yes, but it could also be a gift to you alone.

Normally, no; it is seen as a conditional gift, completed upon the moment of marriage, and belongs to the recipient as sole and separate property.

Generally, a wedding ring is considered a gift, and therefore, is the separate property of the person who received it. Also, generally, each party gets his or her own wedding ring in a divorce. However, technically, all of the property, both separate and community is before the court for division by the court. Therefore, I can imagine certain circumstances where the court could feel it was necessary to award or divide the ring in some fashion to reach a "fair" result.

A wedding ring is typically considered to be a "gift in anticipation of marriage", and property that is considered to be a gift should not be included in the appraisal or equitable division of marital assets ("equitable division" mentioned here is the Massachusetts standard). Therefore, in the absence of a prenuptial agreement stipulating otherwise, the party that receives the gift keeps the gift.

Usually both the engagement ring and the wedding ring are considered a gif and therefore the separate property of the recipient. However if it is the bride who breaks the engagement the ring should be returned.

Engagement ring no wedding ring yes.