Does she have to return the engagement ring?

It’s a romantic scene: the hopeful suitor, down on one knee with ring in hand, and the object of his affection, also hopeful, excited, filled with shock perhaps or anticipation – He pops the question: “Will you marry me?” If the answer is “Yes,” then he gives her the ring. The engagement ring is a symbol of the couple’s agreement to marry. What happens, then, when the engagement is broken.  Should she give the ring back? If this question becomes a legal one, a Texas court will look at two factors: first, whether the couple had an actual agreement as to whether the ring would be returned if the marriage was not consummated; and second, who was at fault in the breakup.  If the couple had made an agreement concerning the return of the ring, then that agreement must be in writing to be enforceable. 

On the other hand, let’s say that there was no actual agreement between the man and the woman as to what would happen to the ring if the wedding didn’t take place. In that case, a court would only require the ring to be returned if the recipient of the gift was found to be “at fault” in the breakup.  Who is to say who is at fault when an engagement is broken? Is it the party who says actually says, “The wedding’s off”? Or is it the one whose bad behavior caused the split? No Texas Court has really examined this question.   Our advice?  Get an experienced Houston divorce attorney to draw up a written agreement before the wedding.   After the wedding takes place, the ring is hers forever, even if the marriage isn’t.

If you are facing a divorce law related matter such as property division or child custody then you should contact an attorney from our firm today.