Engagement Ring: Who gets the ring after a divorce?

I often get asked, “Andy, who gets the engagement ring after the divorce?” Typically, one partner buys the other an engagement ring before they are married, so the partner who made the purchase should get the engagement ring post-divorce, right? Wrong. The ring belongs to the partner who receives the ring.
According to Minnesota case law, an engagement ring is considered to be a conditional gift which is given in contemplation of marriage. Thus, because the parties contemplated marriage and got married, the partner who received the engagement ring is entitled to keep it as non-marital property.
However, if a party buys an engagement ring and gives it to their partner, but they break up before the wedding, the person who bought the ring is entitled to keep the engagement ring.
For this or any other family law questions, contact Attorney Andrew Moeller at 507-625-2525 or by email.