Who Gets the Ring? by Jason Filek

Hand holding a ring as courts decide who owns it after divorce

I’ve heard it said that an engagement ring is one of the most important pieces of jewelry a woman will ever own. It likely will also be one of the most expensive pieces of jewelry that she will ever own. When purchased, love is in the air, and if the proposal is accepted, it is anticipated that the bride-to-be will wear this important and expensive ring for the rest of her life.

Before popping the question, it is doubtful that much thought is ever given to another question, which is not romantic, but is a reality. at question is: What happens to the ring if the engagement ends, and the previously happy couple does not make the journey down the aisle?

As we have all seen from television, magazines and our own personal experience, engagement rings come in all shapes and sizes, and with an equally wide range of value. e higher the value, the more likely there is to be a dispute over who will keep the ring if the engagement ends.

Believe it or not, this issue has actually been litigated through the courts of this country. However, the various jurisdictions throughout the country have taken di erent approaches to this issue, which can be summarized as follows: First, the court will consider who ended the engagement as the principal factor in deciding who is entitled to the ring. In other words, whoever ended the engagement is not entitled to the ring.

Secondly, some courts have treated the ring as a gift, which cannot be taken back. In other words, the ring becomes the property of the person who received it. In this approach, it does not matter who ended the relationship, and there is no return of the ring.

Thirdly, some courts have held that when an engagement ends, the parties should be restored to their pre-engagement positions. In other words, the ring will be returned, unless there was an agreement to the contrary. is is the approach that has been taken in cases decided in British Columbia courts.

In closing, I wonder whether Kanye West considered these issues prior to popping the question to Kim Kardashian, considering that engagement ring has been reportedly valued upwards of $3,000,000 US, and her previous marriage lasted only 72 days!