Who Keeps The Ring After a Texas Divorce, According to The Law?
Marriage in Texas is not the glitz and glamour you see on a rom-com on Lifetime. It's a lot of work, a lot of compromise, and a lot of sacrifice. The more you work on each of those, the stronger your relationship will be.
Sadly, not all marriages work out. The reasons for divorce are as diverse as the reasons to get married. In that divorce, it is determined who will get which pieces of property. One such piece of property is the wedding ring. Does that have to go back to one of the parties or can the separate parties keep them?
Let's take a look at what the State of Texas has to say about it.
Texas is a community property state. This means that anything acquired while married is considered both party's property. The court will then decide who gets which piece of property. However, a wedding ring is considered a conditional property.
This means that it is considered the party's separate property. Where one party kinda gets screwed on this deal is that if there is debt associated with the ring, that debt is the sole responsibility of the person who purchased it. So you still have to pay for it without getting it back. Yes, it's messed up but that is how the law is spelled out in Texas.
Engagement Ring
An engagement ring is a little more complicated as there are a couple of stipulations to this. If the person who is proposed to calls off the marriage, the ring will most likely need to be returned to the person who proposed. If the person who proposed calls off the engagement, the ring is not required to be returned to the person who was proposed to.
Another common practice is for a family heirloom to be used as an engagement ring. If either party calls off the engagement, or they marry then later divorce, that heirloom is to be returned to the family the heirloom belongs to.
If children were born inside of the marriage, it is possible that the heirloom could go to one of them (herlawyer.com).
So, to wrap this up in a neat bow:
- If you propose, and the person you propose to calls it off, you get the ring back.
- If you propose and you are the one to call it off, the ring is considered a gift.
- If you get married but later divorce, the ring belongs to whoever is wearing it.
- If an engagement ring is a family heirloom and the engagement is called off by either person, then it is to be returned to the family. If the couple got married, and had kids, but divorced, that heirloom could go to one of the children.
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