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 North Dakota, the issue of who keeps the engagement ring after a broken engagement is not directly addressed by statute, so it is typically governed by common law principles. Under these principles, an engagement ring is generally considered a conditional gift, which means that the gift is contingent upon the marriage occurring. If the engagement is broken and the marriage does not take place, the donor (the person who gave the ring) may have the right to the return of the ring, regardless of who is at fault for the breakup. This is based on the concept that the condition of marriage was not fulfilled. Once the parties are married, however, the engagement ring is considered a completed gift to the recipient and is treated as their separate property, not subject to division or return upon divorce, unless there is a written agreement stating otherwise. It is important for individuals dealing with such a situation in North Dakota to consult with an attorney to understand their specific rights and obligations regarding the engagement ring.