Can I get my ring back? Do I have to give the ring back?
Engagement and wedding bands are evidence of a union between two people. What is the old saying “the bands are circles because it was a symbol of eternity, with no beginning or end.” But what happens when that eternity ends, with you left holding rings that once held such an important meaning.
When deciding who gets the ring after a divorce North Carolina typically considers the following:
- The majority of courts treat engagement rings as a condition gift until the marriage takes place. When the couple get married, the gift is complete and becomes the property of the recipient.
- If the marriage fails, generally the court grants ownership to the recipient of the gift.
- If the ring is a family heirloom of the donor, the couple should discuss who gets it in a prenuptial agreement (Want to find out more about Prenuptial, read “Prenup for what.”
In many cases, either with equitable distribution (want to find out more about equitable distribution read “Does equitable, really mean equal”), the court will rule that the spouse with the larger earning capacity will be the one giving a greater settlement to the spouse earning less; if this is the husband part of this property will likely be the wedding and engagement ring, as it is. In the case of an heirloom, it is usually up to the wife to determine whether or not she wants to give it back to the family; this is a matter of choice rather than law.
In the event you are filing a divorce, contact Capital to Coast NC Law Group today for the highly-skilled, Eastern NC divorce lawyer you deserve on your side.