Who Owns the Engagement Ring?

We are approaching perhaps the most romantic time of the year and it is often the case that there will be an increase in marriage proposals around Valentine’s Day.

Sadly though it is sometimes the case that, for many different reasons, an engagement will break down before the big day.

However, when one person has spent a lot of money on the engagement ring, who should retain it? The parties may make a decision between themselves based upon moral obligations, perhaps the ring is a family heirloom or one party feels guilty for being the one to break off the engagement. But what does the law say?

The Law Reform (Miscellaneous Provisions) Act 1970 states that “the gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.”

This means that, unless there was a specific or implied agreement that the ring should be returned to the proposer, the ring belongs to the recipient as a gift to them.

It is possible to make an application to the Court to determine the matter, particularly in cases where the ring is an expensive heirloom, but our advice would be that an application should always be a last resort.

If you require any advice or assistance in relation to family matters, do not hesitate to contact our specialist team on 01942 206060.