Who gets the Engagement Ring if a couple breaks up before the wedding?

WILMINGTON, NC (WWAY) — An engagement ring can carry significant emotional and financial value, but what happens to the ring if a couple ends their relationship before getting married?

According to Wilmington attorney Brandon Pettijohn, in North Carolina, the person who gave the engagement ring generally gets it back if the couple does not marry.

Pettijohn explained that courts can view an engagement ring as part of a contractual arrangement tied to the promise of marriage.

The person proposing gives the ring as part of the proposal, and the other person accepts it with the expectation that the couple will marry. If the marriage never takes place, that agreement has not been completed.

That means the circumstances surrounding the breakup generally do not change who gets the ring.

Whether the relationship ends because one person cheats, someone gets cold feet or the couple simply decides not to marry, Pettijohn said the ring would generally be returned to the person who gave it.

What if the couple gets married?

The situation changes once the couple actually gets married.

Pettijohn said that after the marriage takes place, the engagement ring can generally remain with the recipient, even if the couple later divorces.

In other words, the promise associated with the engagement ring has been fulfilled by the marriage.

Pettijohn also noted that couples could potentially establish an agreement addressing ownership of the ring, depending on their circumstances.

For couples considering an engagement, Pettijohn said understanding the legal implications of the ring can help avoid disputes if the relationship ends before the wedding.

The information in this story is general legal information and is not a substitute for advice from an attorney about an individual situation.