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I Am Getting a Divorce, Do I Have to Give Back my Engagement Ring?

Under Minnesota law, you do not have to return your engagement ring. Minnesota case law and statute hold that an engagement ring is non-marital property, and therefore it does not have to be returned in a divorce.
However, if you receive any jewelry during your marriage, then this is considered marital property, and it will be equitably divided in the divorce process.

See Linderman v. Linderman, 364 N.W.2d 872, 877 (Minn.Ct.App. 1985). This case holds that an engagement ring and wedding band are recipients’ pre-marital property and therefore they remain in that person’s possession.

See also Minn. Stat. ¶518.003 subd. 3b:

Marital property; exceptions.

“Marital property” means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation under section 518.58, subdivision 1. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property that vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the nontitled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the nontitled spouse. The presumption of marital property is overcome by a showing that the property is nonmarital property.

“Nonmarital property” means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which
(a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for or is the increase in value of property which is described in clauses (a), (b), (d), and (e);
(d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract.

Categories: Property Division
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