Broken marriage engagements can be stressful and emotional times, and are further complicated when one or both parties has given the other an (often expensive) engagement ring. When an engagement has been ended by one or both parties, the question of ownership of the engagement ring often arises. If the recipient of the ring refuses to return the ring, the parties may consider their legal rights and obligations regarding ownership of the ring.

Laws regarding these rights and obligations vary from state to state, with states determining ownership of the engagement ring (1) based on who was at fault in the breakup of the engagement (analyzing the ring as a conditional gift, conditioned on the wedding taking place); (2) based on who ended the engagement (analyzing the ring as a conditional gift, conditioned on the wedding taking place); (3) without regard to who ended the engagement or was at fault in the breakup of the engagement (analyzing the ring as an unconditional gift that the recipient may keep); or (4) requiring the recipient to return the ring without regard to who was at fault or who ended the engagement (no-fault).

If the parties do get married the engagement and wedding rings are generally considered gifts to the recipient, and therefore separate property that is not subject to division or return upon divorce—unless the parties have a written agreement that provides otherwise.

Laws regarding the ownership of an engagement ring when the engagement is broken are usually located in a state’s statutes or court opinions (common law).

In Delaware, the approach to determining the ownership of an engagement ring after a broken engagement is not explicitly codified in state statutes, which means that common law principles typically apply. Under common law, an engagement ring is often considered a conditional gift, with the condition being the marriage. If the engagement is broken and the marriage does not occur, the person who gave the ring (the donor) is generally entitled to its return, regardless of who is at fault for the end of the engagement. This aligns with the majority view that the gift is conditional upon the marriage taking place. Once the marriage has occurred, the engagement ring is typically viewed as the separate property of the recipient, meaning it is not subject to division in the event of a divorce, unless there is a written agreement stating otherwise. An attorney can provide specific guidance and representation in such matters, taking into account the most recent case law and any relevant factors that may influence the outcome of a dispute over an engagement ring in Delaware.