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 Nevada, the issue of who keeps the engagement ring after a broken engagement is generally treated under the legal concept of a conditional gift. This means that the engagement ring is given on the condition that the marriage will take place. If the engagement is broken and the marriage does not occur, the ring should be returned to the person who gave it. Nevada courts typically do not consider who is at fault for the end of the engagement when determining the return of the ring. Instead, the condition of marriage not being fulfilled is the key factor. Once the parties are married, the engagement and wedding rings are considered gifts to the recipient and are thus separate property, not subject to division upon divorce unless there is a written agreement stating otherwise. This approach aligns with the no-fault perspective, where the return of the ring is required without regard to who ended the engagement or who was at fault. The specific laws and precedents regarding the return of engagement rings can be found in Nevada's statutes and court opinions.