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.