What Happens to the Heirloom Ring After Divorce?

Engagement is the first step toward a lifetime spent together, but engagement rings can be expensive. It’s no surprise that many parents and grandparents choose to pass on heirloom jewelry to the younger generation, making for special and meaningful proposals while ensuring that treasured items stay in the family.

Unfortunately, marriages don’t always last. Couples just starting don’t want to think that they could grow apart or behave in ways that will destroy their relationship, but it happens, and then there’s the question of what to do with the ring.

Generally speaking, an engagement ring is considered to be a gift, one that the bride will keep and potentially pass on to children one day. In the case of divorce, though, should an heirloom piece be returned to the groom, particularly if there are no children in the picture? What happens to the heirloom ring after divorce?

Heirlooms in General

Heirlooms that have monetary value, such as furniture, art, collectibles, and jewelry, may be marital assets if they were gifted to the couple after they were married. It gets complicated when assets are commingled.

Heirloom furniture gifted to the couple and used by the household would be considered a marital asset, for example, meaning it would have to be part of the division of assets in a divorce.

In the case of personal items like jewelry, they tend to stay with the person who uses them. This is especially true of jewelry gifted by one spouse to another, or by parents to a son- or daughter-in-law.

A Promise Fulfilled

When a relationship is dissolved after an engagement but before marriage, Michigan courts have found that the recipient must return the ring. However, once the couple says “I do” and signs the marriage contract, the ring is considered to be the recipient’s permanent, personal property. The ring is exchanged for a promise to wed, and that promise has been fulfilled.

Division of Assets

Is an heirloom ring considered marital property? It depends. Suppose that a son is given heirloom jewelry by his parents, but he keeps it in a safe deposit box. If it was never given to his spouse, it would not be considered marital property and the son would retain it in a divorce.

However, if he gives the heirloom jewelry to his spouse to wear, or if parents pass it on to their daughter-in-law, it becomes her personal property to keep. This is the case with an heirloom engagement ring. Once the ring is given, it is considered to be a gift, and providing the marriage proceeds, it becomes her sole property.

That said, divorce agreements and division of assets are often a matter of negotiation. If it’s important to a family to get their heirloom jewelry back to keep it in the family, there may be an opportunity to offer other assets in trade, so to speak, if the spouse is open to returning the ring. If she wants to keep it, however, she has the legal right to do so.

Gucciardo Family Law Can Help

Are you dealing with complicated issues involving the division of assets? The qualified divorce lawyers at Gucciardo Family Law are here to help. Contact us now to schedule your free consultation.