Irving, TX asked in Divorce and Family Law for Texas

Q: Can an engagement ring be returned to the ex wife after a divorce if the ex husband took it away during the divorce

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1 Lawyer Answer
Kaitlin A. Capetillo
Kaitlin A. Capetillo
  • Dallas, TX
  • Licensed in Texas

A: Yes, it should be returned to the wife as her separate property, unless the parties have agreed otherwise.

An engagement ring is a conditional gift in Texas. After the wedding, the "condition" of the conditional gift has been met and the engagement ring becomes a separate property gift to the receiver (in this case the wife) and it cannot be revoked. Therefore, during a divorce proceeding, the wife does NOT have to give the ring back, regardless of who is at fault in the breakdown of the marriage.

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