Gunnstaks Law Office
972-590-6572
800-806-0186
Handling High-Value,High-Conflict Family Law Cases

Contact Our Firm Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Diamonds are a girl's best friend

Divorce can be difficult and emotional for both parties. The division of assets however, is often what starts most arguments and court battles. It is important to know what you're entitled to and most importantly, why you are entitled to certain assets, specifically the diamond ring.

She gets the rock when:

The state of Texas views the engagement ring as an absolute pre-marital gift or a conditional gift. A conditional gift is a gift given to someone with the expectation that a certain condition will be met. In the case of marriage, usually the giver is the husband, you are the receiver, the gift is the ring and marriage is the condition that is to be met. Therefore, if you've fulfilled his condition of marriage, this makes the ring your property and it will not be included in the division of your assets.

He gets the rock when:

He gets the rock if you break off the engagement. The court sees this as you not holding up your end of the condition and you will legally have to give back the diamond. Even if he is unfaithful during your engagement, if you initiate the break-up, he can get the ring back.

Family heirlooms are another subject. They are considered to have sentimental value. If your spouse argues that the ring presented belonged to a family member or has sentimental value, he is likely to be awarded the ring.

The grey areas

In the event of a broken engagement, he will get the ring. However, you can argue that the condition was met when you answered the proposal. If he breaks off the engagement, you can also argue that you help up your end of the condition while he did not.

Ring "upgrades" during marriage are also another grey area. Some courts view these as conditional gifts while others may view them as regular gifts, and they will be divided along with the rest of your assets.

There are so many arguments that can be made over who ultimately should receive the ring. Hiring an experienced attorney can help you present the best argument in your favor. 

No Comments

Leave a comment
Comment Information
  • Press Release
  • Board Certified | Texas Board of Legal Specialization
  • Avvo Rating 10.0 Superb
  • LCA | Litigation Counsel of America | FELLOW Gunnstaks Law Office, Attorneys & Lawyers, Plano, TX 10 Best 2015 Client Satisfaction | American Institute of Family Law Attorneys

Office Location

Gunnstaks Law Office
5601 Granite Parkway, Suite 350
Plano, TX 75024

Phone: 972-590-6572
Phone: 972-392-2300
Fax: 214-619-0636
Plano Law Office Map

Call For Appointment Map